Bill Text: IL HB5613 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that any agreement or provision of an agreement regarding the disposition of maintenance in which the obligor is the petitioner in an order of protection under the Illinois Domestic Violence Act of 1986 and the obligee is the respondent in the order of protection is unconscionable. Provides that a court shall not grant a maintenance award to a spouse if the intended obligor spouse has been granted an order of protection under the Illinois Domestic Violence Act of 1986 against the intended obligee spouse. Provides that an order for maintenance shall be terminated if the obligor spouse is granted an order of protection under the Domestic Violence Act of 1986 against the obligee spouse. Makes corresponding changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5613 Detail]

Download: Illinois-2019-HB5613-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5613 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
750 ILCS 5/502 from Ch. 40, par. 502
750 ILCS 5/504 from Ch. 40, par. 504
750 ILCS 5/510 from Ch. 40, par. 510
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that any agreement or provision of an agreement regarding the disposition of maintenance in which the obligor is the petitioner in an order of protection under the Illinois Domestic Violence Act of 1986 and the obligee is the respondent in the order of protection is unconscionable. Provides that a court shall not grant a maintenance award to a spouse if the intended obligor spouse has been granted an order of protection under the Illinois Domestic Violence Act of 1986 against the intended obligee spouse. Provides that an order for maintenance shall be terminated if the obligor spouse is granted an order of protection under the Domestic Violence Act of 1986 against the obligee spouse. Makes corresponding changes.
LRB101 20010 LNS 69539 b
A BILL FOR
HB5613 LRB101 20010 LNS 69539 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 502, 504, and 510
as follows:
(750 ILCS 5/502) (from Ch. 40, par. 502)
Sec. 502. Agreement.
(a) To promote amicable settlement of disputes between
parties to a marriage attendant upon the dissolution of their
marriage, the parties may enter into an agreement containing
provisions for disposition of any property owned by either of
them, maintenance of either of them, support, parental
responsibility allocation of their children, and support of
their children as provided in Sections 513 and 513.5 after the
children attain majority. The parties may also enter into an
agreement allocating the sole or joint ownership of or
responsibility for a companion animal. As used in this Section,
"companion animal" does not include a service animal as defined
in Section 2.01c of the Humane Care for Animals Act. Any
agreement pursuant to this Section must be in writing, except
for good cause shown with the approval of the court, before
proceeding to an oral prove up.

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(b) The terms of the agreement, except those providing for
the support and parental responsibility allocation of
children, are binding upon the court unless it finds, after
considering the economic circumstances of the parties and any
other relevant evidence produced by the parties, on their own
motion or on request of the court, that the agreement is
unconscionable. Any agreement or provision of an agreement
regarding the disposition of maintenance in which the obligor
is the petitioner in an order of protection under the Illinois
Domestic Violence Act of 1986 and the obligee is the respondent
in the order of protection is unconscionable. The terms of the
agreement incorporated into the judgment are binding if there
is any conflict between the terms of the agreement and any
testimony made at an uncontested prove-up hearing on the
grounds or the substance of the agreement.
(c) If the court finds the agreement unconscionable, it may
request the parties to submit a revised agreement or upon
hearing, may make orders for the disposition of property,
maintenance, child support and other matters. If the agreement
is unconscionable under subsection (b) due to an order of
protection under the Illinois Domestic Violence Act of 1986,
the court shall require the parties to submit a revised
agreement, as it relates to the disposition of maintenance, or
upon hearing, shall deny any order or provision of an order for
the disposition of maintenance.
(d) Unless the agreement provides to the contrary, its

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terms shall be set forth in the judgment, and the parties shall
be ordered to perform under such terms, or if the agreement
provides that its terms shall not be set forth in the judgment,
the judgment shall identify the agreement and state that the
court has approved its terms.
(e) Terms of the agreement set forth in the judgment are
enforceable by all remedies available for enforcement of a
judgment, including contempt, and are enforceable as contract
terms.
(f) Child support, support of children as provided in
Sections 513 and 513.5 after the children attain majority, and
parental responsibility allocation of children may be modified
upon a showing of a substantial change in circumstances. The
parties may provide that maintenance is non-modifiable in
amount, duration, or both. If the parties do not provide that
maintenance is non-modifiable in amount, duration, or both,
then those terms are modifiable upon a substantial change of
circumstances. Property provisions of an agreement are never
modifiable. The judgment may expressly preclude or limit
modification of other terms set forth in the judgment if the
agreement so provides. Otherwise, terms of an agreement set
forth in the judgment are automatically modified by
modification of the judgment.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-422,
eff. 1-1-18.)

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(750 ILCS 5/504) (from Ch. 40, par. 504)
Sec. 504. Maintenance.
(a) Entitlement to maintenance. In a proceeding for
dissolution of marriage, legal separation, declaration of
invalidity of marriage, or dissolution of a civil union, a
proceeding for maintenance following a legal separation or
dissolution of the marriage or civil union by a court which
lacked personal jurisdiction over the absent spouse, a
proceeding for modification of a previous order for maintenance
under Section 510 of this Act, or any proceeding authorized
under Section 501 of this Act, the court may grant a
maintenance award for either spouse in amounts and for periods
of time as the court deems just, without regard to marital
misconduct unless the marital misconduct involves an order of
protection under the Illinois Domestic Violence Act of 1986,
and the maintenance may be paid from the income or property of
the other spouse. The court shall first make a finding as to
whether a maintenance award is appropriate, after
consideration of all relevant factors, including:
(1) the income and property of each party, including
marital property apportioned and non-marital property
assigned to the party seeking maintenance as well as all
financial obligations imposed on the parties as a result of
the dissolution of marriage;
(2) the needs of each party;
(3) the realistic present and future earning capacity

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of each party;
(4) any impairment of the present and future earning
capacity of the party seeking maintenance due to that party
devoting time to domestic duties or having forgone or
delayed education, training, employment, or career
opportunities due to the marriage;
(5) any impairment of the realistic present or future
earning capacity of the party against whom maintenance is
sought;
(6) the time necessary to enable the party seeking
maintenance to acquire appropriate education, training,
and employment, and whether that party is able to support
himself or herself through appropriate employment;
(6.1) the effect of any parental responsibility
arrangements and its effect on a party's ability to seek or
maintain employment;
(7) the standard of living established during the
marriage;
(8) the duration of the marriage;
(9) the age, health, station, occupation, amount and
sources of income, vocational skills, employability,
estate, liabilities, and the needs of each of the parties;
(10) all sources of public and private income
including, without limitation, disability and retirement
income;
(11) the tax consequences to each party;

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(12) contributions and services by the party seeking
maintenance to the education, training, career or career
potential, or license of the other spouse;
(13) any valid agreement of the parties; and
(14) any other factor that the court expressly finds to
be just and equitable.
A court shall not grant a maintenance award to a spouse if
the intended obligor spouse has been granted an order of
protection under the Illinois Domestic Violence Act of 1986
against the intended obligee spouse.
(b) (Blank).
(b-1) Amount and duration of maintenance. Unless the court
finds that a maintenance award is appropriate, it shall bar
maintenance as to the party seeking maintenance regardless of
the length of the marriage at the time the action was
commenced. Only if the court finds that a maintenance award is
appropriate, the court shall order guideline maintenance in
accordance with paragraph (1) or non-guideline maintenance in
accordance with paragraph (2) of this subsection (b-1). If the
application of guideline maintenance results in a combined
maintenance and child support obligation that exceeds 50% of
the payor's net income, the court may determine non-guideline
maintenance in accordance with paragraph (2) of this subsection
(b-1), non-guideline child support in accordance with
paragraph (3.4) of subsection (a) of Section 505, or both.
(1) Maintenance award in accordance with guidelines.

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If the combined gross annual income of the parties is less
than $500,000 and the payor has no obligation to pay child
support or maintenance or both from a prior relationship,
maintenance payable after the date the parties' marriage is
dissolved shall be in accordance with subparagraphs (A) and
(B) of this paragraph (1), unless the court makes a finding
that the application of the guidelines would be
inappropriate.
(A) The amount of maintenance under this paragraph
(1) shall be calculated by taking 33 1/3% of the
payor's net annual income minus 25% of the payee's net
annual income. The amount calculated as maintenance,
however, when added to the net income of the payee,
shall not result in the payee receiving an amount that
is in excess of 40% of the combined net income of the
parties.
(A-1) Modification of maintenance orders entered
before January 1, 2019 that are and continue to be
eligible for inclusion in the gross income of the payee
for federal income tax purposes and deductible by the
payor shall be calculated by taking 30% of the payor's
gross annual income minus 20% of the payee's gross
annual income, unless both parties expressly provide
otherwise in the modification order. The amount
calculated as maintenance, however, when added to the
gross income of the payee, may not result in the payee

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receiving an amount that is in excess of 40% of the
combined gross income of the parties.
(B) The duration of an award under this paragraph
(1) shall be calculated by multiplying the length of
the marriage at the time the action was commenced by
whichever of the following factors applies: less than 5
years (.20); 5 years or more but less than 6 years
(.24); 6 years or more but less than 7 years (.28); 7
years or more but less than 8 years (.32); 8 years or
more but less than 9 years (.36); 9 years or more but
less than 10 years (.40); 10 years or more but less
than 11 years (.44); 11 years or more but less than 12
years (.48); 12 years or more but less than 13 years
(.52); 13 years or more but less than 14 years (.56);
14 years or more but less than 15 years (.60); 15 years
or more but less than 16 years (.64); 16 years or more
but less than 17 years (.68); 17 years or more but less
than 18 years (.72); 18 years or more but less than 19
years (.76); 19 years or more but less than 20 years
(.80). For a marriage of 20 or more years, the court,
in its discretion, shall order maintenance for a period
equal to the length of the marriage or for an
indefinite term.
(1.5) In the discretion of the court, any term of
temporary maintenance paid by court order under Section 501
may be a corresponding credit to the duration of

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maintenance set forth in subparagraph (b-1)(1)(B).
(2) Maintenance award not in accordance with
guidelines. Any non-guidelines award of maintenance shall
be made after the court's consideration of all relevant
factors set forth in subsection (a) of this Section.
(b-2) Findings. In each case involving the issue of
maintenance, the court shall make specific findings of fact, as
follows:
(1) the court shall state its reasoning for awarding or
not awarding maintenance and shall include references to
each relevant factor set forth in subsection (a) of this
Section;
(2) if the court deviates from applicable guidelines
under paragraph (1) of subsection (b-1), it shall state in
its findings the amount of maintenance (if determinable) or
duration that would have been required under the guidelines
and the reasoning for any variance from the guidelines; and
(3) the court shall state whether the maintenance is
fixed-term, indefinite, reviewable, or reserved by the
court.
(b-3) Gross income. For purposes of this Section, the term
"gross income" means all income from all sources, within the
scope of that phrase in Section 505 of this Act, except
maintenance payments in the pending proceedings shall not be
included.
(b-3.5) Net income. As used in this Section, "net income"

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has the meaning provided in Section 505 of this Act, except
maintenance payments in the pending proceedings shall not be
included.
(b-4) Modification of maintenance orders entered before
January 1, 2019. For any order for maintenance or unallocated
maintenance and child support entered before January 1, 2019
that is modified after December 31, 2018, payments thereunder
shall continue to retain the same tax treatment for federal
income tax purposes unless both parties expressly agree
otherwise and the agreement is included in the modification
order.
(b-4.5) Maintenance designation.
(1) Fixed-term maintenance. If a court grants
maintenance for a fixed term, the court shall designate the
termination of the period during which this maintenance is
to be paid. Maintenance is barred after the end of the
period during which fixed-term maintenance is to be paid.
(2) Indefinite maintenance. If a court grants
maintenance for an indefinite term, the court shall not
designate a termination date. Indefinite maintenance shall
continue until modification or termination under Section
510.
(3) Reviewable maintenance. If a court grants
maintenance for a specific term with a review, the court
shall designate the period of the specific term and state
that the maintenance is reviewable. Upon review, the court

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shall make a finding in accordance with subdivision (b-8)
of this Section, unless the maintenance is modified or
terminated under Section 510.
(b-5) Interest on maintenance. Any maintenance obligation
including any unallocated maintenance and child support
obligation, or any portion of any support obligation, that
becomes due and remains unpaid shall accrue simple interest as
set forth in Section 505 of this Act.
(b-7) Maintenance judgments. Any new or existing
maintenance order including any unallocated maintenance and
child support order entered by the court under this Section
shall be deemed to be a series of judgments against the person
obligated to pay support thereunder. Each such judgment to be
in the amount of each payment or installment of support and
each such judgment to be deemed entered as of the date the
corresponding payment or installment becomes due under the
terms of the support order, except no judgment shall arise as
to any installment coming due after the termination of
maintenance as provided by Section 510 of the Illinois Marriage
and Dissolution of Marriage Act or the provisions of any order
for maintenance. Each such judgment shall have the full force,
effect and attributes of any other judgment of this State,
including the ability to be enforced. Notwithstanding any other
State or local law to the contrary, a lien arises by operation
of law against the real and personal property of the obligor
for each installment of overdue support owed by the obligor.

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(b-8) Review of maintenance. Upon review of any previously
ordered maintenance award, the court may extend maintenance for
further review, extend maintenance for a fixed non-modifiable
term, extend maintenance for an indefinite term, or permanently
terminate maintenance in accordance with subdivision
(b-1)(1)(A) of this Section.
(c) Maintenance during an appeal. The court may grant and
enforce the payment of maintenance during the pendency of an
appeal as the court shall deem reasonable and proper.
(d) Maintenance during imprisonment. No maintenance shall
accrue during the period in which a party is imprisoned for
failure to comply with the court's order for the payment of
such maintenance.
(e) Fees when maintenance is paid through the clerk. When
maintenance is to be paid through the clerk of the court in a
county of 500,000 inhabitants or less, the order shall direct
the obligor to pay to the clerk, in addition to the maintenance
payments, all fees imposed by the county board under paragraph
(4) of subsection (bb) of Section 27.1a of the Clerks of Courts
Act. When maintenance is to be paid through the clerk of the
court in a county of more than 500,000 but less than 3,000,000
inhabitants, the order shall direct the obligor to pay to the
clerk, in addition to the maintenance payments, all fees
imposed by the county board under paragraph (4) of subsection
(bb) of Section 27.2 of the Clerks of Courts Act. Unless paid
in cash or pursuant to an order for withholding, the payment of

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the fee shall be by a separate instrument from the support
payment and shall be made to the order of the Clerk.
(f) Maintenance secured by life insurance. An award ordered
by a court upon entry of a dissolution judgment or upon entry
of an award of maintenance following a reservation of
maintenance in a dissolution judgment may be reasonably
secured, in whole or in part, by life insurance on the payor's
life on terms as to which the parties agree or, if the parties
do not agree, on such terms determined by the court, subject to
the following:
(1) With respect to existing life insurance, provided
the court is apprised through evidence, stipulation, or
otherwise as to level of death benefits, premium, and other
relevant data and makes findings relative thereto, the
court may allocate death benefits, the right to assign
death benefits, or the obligation for future premium
payments between the parties as it deems just.
(2) To the extent the court determines that its award
should be secured, in whole or in part, by new life
insurance on the payor's life, the court may only order:
(i) that the payor cooperate on all appropriate
steps for the payee to obtain such new life insurance;
and
(ii) that the payee, at his or her sole option and
expense, may obtain such new life insurance on the
payor's life up to a maximum level of death benefit

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coverage, or descending death benefit coverage, as is
set by the court, such level not to exceed a reasonable
amount in light of the court's award, with the payee or
the payee's designee being the beneficiary of such life
insurance.
In determining the maximum level of death benefit coverage,
the court shall take into account all relevant facts and
circumstances, including the impact on access to life
insurance by the maintenance payor. If in resolving any
issues under paragraph (2) of this subsection (f) a court
reviews any submitted or proposed application for new
insurance on the life of a maintenance payor, the review
shall be in camera.
(3) (Blank).
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-520,
eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective
date of P.A. 100-520); 100-923, eff. 1-1-19.)
(750 ILCS 5/510) (from Ch. 40, par. 510)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b), clause (3) of Section 505.2,
the provisions of any judgment respecting maintenance or
support may be modified only as to installments accruing

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subsequent to due notice by the moving party of the filing of
the motion for modification. An order for child support may be
modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at least
20%, but no less than $10 per month, between the amount
of the existing order and the amount of child support
that results from application of the guidelines
specified in Section 505 of this Act unless the
inconsistency is due to the fact that the amount of the
existing order resulted from a deviation from the
guideline amount and there has not been a change in the
circumstances that resulted in that deviation; or
(B) upon a showing of a need to provide for the
health care needs of the child under the order through
health insurance or other means. In no event shall the
eligibility for or receipt of medical assistance be
considered to meet the need to provide for the child's
health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child support
enforcement services from the Department of Healthcare and
Family Services under Article X of the Illinois Public Aid

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Code, and only when at least 36 months have elapsed since the
order for child support was entered or last modified.
The court may grant a petition for modification that seeks
to apply the changes made to subsection (a) of Section 505 by
Public Act 99-764 to an order entered before the effective date
of Public Act 99-764 only upon a finding of a substantial
change in circumstances that warrants application of the
changes. The enactment of Public Act 99-764 itself does not
constitute a substantial change in circumstances warranting a
modification.
(a-5) Except as otherwise provided in subsection (a-7), An
order for maintenance may be modified or terminated only upon a
showing of a substantial change in circumstances. The court may
grant a petition for modification that seeks to apply the
changes made to Section 504 by this amendatory Act of the 100th
General Assembly to an order entered before the effective date
of this amendatory Act of the 100th General Assembly only upon
a finding of a substantial change in circumstances that
warrants application of the changes. The enactment of this
amendatory Act of the 100th General Assembly itself does not
constitute a substantial change in circumstances warranting a
modification. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
(1) any change in the employment status of either party

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and whether the change has been made in good faith;
(2) the efforts, if any, made by the party receiving
maintenance to become self-supporting, and the
reasonableness of the efforts where they are appropriate;
(3) any impairment of the present and future earning
capacity of either party;
(4) the tax consequences of the maintenance payments
upon the respective economic circumstances of the parties;
(5) the duration of the maintenance payments
previously paid (and remaining to be paid) relative to the
length of the marriage;
(6) the property, including retirement benefits,
awarded to each party under the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage and the present
status of the property;
(7) the increase or decrease in each party's income
since the prior judgment or order from which a review,
modification, or termination is being sought;
(8) the property acquired and currently owned by each
party after the entry of the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage; and
(9) any other factor that the court expressly finds to
be just and equitable.
(a-6) (Blank).

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(a-7) An order for maintenance shall be terminated if the
obligor spouse is granted an order of protection under the
Domestic Violence Act of 1986 against the obligee spouse.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage of
the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis. An obligor's obligation to pay
maintenance or unallocated maintenance terminates by operation
of law on the date the obligee remarries or the date the court
finds cohabitation began. The obligor is entitled to
reimbursement for all maintenance paid from that date forward.
Any termination of an obligation for maintenance as a result of
the death of the obligor, however, shall be inapplicable to any
right of the other party or such other party's designee to
receive a death benefit under such insurance on the obligor's
life. An obligee must advise the obligor of his or her
intention to marry at least 30 days before the remarriage,
unless the decision is made within this time period. In that
event, he or she must notify the obligor within 72 hours of

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getting married.
(c-5) In an adjudicated case, the court shall make specific
factual findings as to the reason for the modification as well
as the amount, nature, and duration of the modified maintenance
award.
(d) Unless otherwise provided in this Act, or as agreed in
writing or expressly provided in the judgment, provisions for
the support of a child are terminated by emancipation of the
child, or if the child has attained the age of 18 and is still
attending high school, provisions for the support of the child
are terminated upon the date that the child graduates from high
school or the date the child attains the age of 19, whichever
is earlier, but not by the death of a parent obligated to
support or educate the child. An existing obligation to pay for
support or educational expenses, or both, is not terminated by
the death of a parent. When a parent obligated to pay support
or educational expenses, or both, dies, the amount of support
or educational expenses, or both, may be enforced, modified,
revoked or commuted to a lump sum payment, as equity may
require, and that determination may be provided for at the time
of the dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505, 513, and 513.5 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or

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educational expenses, or both, as equity may require. The time
within which a claim may be filed against the estate of a
decedent under Sections 505 and 513 and subsection (d) and this
subsection shall be governed by the provisions of the Probate
Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support or the
allocation of parental responsibilities, including parenting
time, shall not delay any child support enforcement litigation
or supplementary proceeding on behalf of the obligee,
including, but not limited to, a petition for a rule to show
cause, for non-wage garnishment, or for a restraining order.
(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; 100-15,
eff. 7-1-17; 100-201, eff. 8-18-17; 100-923, eff. 1-1-19.)