Public Act 103-0967

SB3284 Enrolled LRB103 36806 JRC 66916 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 504, 505, 509,

600, 602.10, and 607.5 as follows:

(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, 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

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;

(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.

(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.

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 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

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"

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

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.

(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) (Blank). 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

(2) of subsection (j-5) of Section 27.1b 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

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

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 5/505) (from Ch. 40, par. 505)

Sec. 505. Child support; contempt; penalties.

(a) In a proceeding for dissolution of marriage, legal

separation, declaration of invalidity of marriage, or

dissolution of a civil union, a proceeding for child support

following a legal separation or dissolution of the marriage or

civil union by a court that lacked personal jurisdiction over

the absent spouse, a proceeding for modification of a previous

order for child support under Section 510 of this Act, or any

proceeding authorized under Section 501 or 601 of this Act,

the court may order either or both parents owing a duty of

support to a child of the marriage or civil union to pay an

amount reasonable and necessary for support. The duty of

support owed to a child includes the obligation to provide for

the reasonable and necessary physical, mental and emotional

health needs of the child. For purposes of this Section, the

term "child" shall include any child under age 18 and any child

age 19 or younger who is still attending high school. For

purposes of this Section, the term "obligor" means the parent

obligated to pay support to the other parent.

(1) Child support guidelines. The Illinois Department

of Healthcare and Family Services shall adopt rules

establishing child support guidelines which include

worksheets to aid in the calculation of the child support

obligations and a schedule of basic child support

obligations that reflects the percentage of combined net

income that parents living in the same household in this

State ordinarily spend on their child. The child support

guidelines have the following purposes:

(A) to establish as State policy an adequate

standard of support for a child, subject to the

ability of parents to pay;

(B) to make child support obligations more

equitable by ensuring more consistent treatment of

parents in similar circumstances;

(C) to improve the efficiency of the court process

by promoting settlements and giving courts and the

parties guidance in establishing levels of child

support;

(D) to calculate child support based upon the

parents' combined net income estimated to have been

allocated for the support of the child if the parents

and child were living in an intact household;

(E) to adjust child support based upon the needs

of the child; and

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

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

and the child's physical care arrangements.

(1.5) Computation of basic child support obligation.

The court shall compute the basic child support obligation

by taking the following steps:

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

(B) add the parents' monthly net incomes together

to determine the combined monthly net income of the

parents;

(C) select the corresponding appropriate amount

from the schedule of basic child support obligations

based on the parties' combined monthly net income and

number of children of the parties; and

(D) calculate each parent's percentage share of

the basic child support obligation.

Although a monetary obligation is computed for each

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

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

directly on the child.

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

support in each case by applying the child support

guidelines unless the court makes a finding that

application of the guidelines would be inappropriate,

after considering the best interests of the child and

evidence which shows relevant factors including, but not

limited to, one or more of the following:

(A) the financial resources and needs of the

child;

(B) the financial resources and needs of the

parents;

(C) the standard of living the child would have

enjoyed had the marriage or civil union not been

dissolved; and

(D) the physical and emotional condition of the

child and his or her educational needs.

(3) Income.

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

the total of all income from all sources, except

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

by the parent from means-tested public assistance

programs, including, but not limited to, Temporary

Assistance for Needy Families, Supplemental Security

Income, and the Supplemental Nutrition Assistance

Program or (ii) benefits and income received by the

parent for other children in the household, including,

but not limited to, child support, survivor benefits,

and foster care payments. Social security disability

and retirement benefits paid for the benefit of the

subject child must be included in the disabled or

retired parent's gross income for purposes of

calculating the parent's child support obligation, but

the parent is entitled to a child support credit for

the amount of benefits paid to the other party for the

child. "Gross income" includes maintenance treated as

taxable income for federal income tax purposes to the

payee and received pursuant to a court order in the

pending proceedings or any other proceedings and shall

be included in the payee's gross income for purposes

of calculating the parent's child support obligation.

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

gross income minus either the standardized tax amount

calculated pursuant to subparagraph (C) of this

paragraph (3) or the individualized tax amount

calculated pursuant to subparagraph (D) of this

paragraph (3), and minus any adjustments pursuant to

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

standardized tax amount shall be used unless the

requirements for an individualized tax amount set

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

met. "Net income" includes maintenance not includable

in the gross taxable income of the payee for federal

income tax purposes under a court order in the pending

proceedings or any other proceedings and shall be

included in the payee's net income for purposes of

calculating the parent's child support obligation.

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

amount" means the total of federal and state income

taxes for a single person claiming the standard tax

deduction, one personal exemption, and the applicable

number of dependency exemptions for the minor child or

children of the parties, and Social Security and

Medicare tax calculated at the Federal Insurance

Contributions Act rate.

(I) Unless a court has determined otherwise or

the parties otherwise agree, the party with the

majority of parenting time shall be deemed

entitled to claim the dependency exemption for the

parties' minor child.

(II) The Illinois Department of Healthcare and

Family Services shall promulgate a standardized

net income conversion table that computes net

income by deducting the standardized tax amount

from gross income.

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

amount" means the aggregate of the following taxes:

(I) federal income tax (properly calculated

withholding or estimated payments);

(II) State income tax (properly calculated

withholding or estimated payments); and

(III) Social Security or self-employment tax,

if applicable (or, if none, mandatory retirement

contributions required by law or as a condition of

employment) and Medicare tax calculated at the

Federal Insurance Contributions Act rate.

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

determination of an individualized tax amount may be

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

individualized tax amount determination is made under

this subparagraph (E), all relevant tax attributes

(including filing status, allocation of dependency

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

the standard deduction or itemized deductions for

federal income tax purposes) shall be as the parties

agree or as the court determines. To determine a

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

to complete an Internal Revenue Service Form 4506-T,

Request for Tax Transcript.

(I) Agreement. Irrespective of whether the

parties agree on any other issue before the court,

if they jointly stipulate for the record their

concurrence on a computation method for the

individualized tax amount that is different from

the method set forth under subparagraph (D), the

stipulated method shall be used by the court

unless the court rejects the proposed stipulated

method for good cause.

(II) Summary hearing. If the court determines

child support in a summary hearing under Section

501 and an eligible party opts in to the

individualized tax amount method under this item

(II), the individualized tax amount shall be

determined by the court on the basis of

information contained in one or both parties'

Supreme Court approved Financial Affidavit (Family &

Divorce Cases) and relevant supporting documents

under applicable court rules. No party, however,

is eligible to opt in unless the party, under

applicable court rules, has served the other party

with the required Supreme Court approved Financial

Affidavit (Family & Divorce Cases) and has

substantially produced supporting documents

required by the applicable court rules.

(III) Evidentiary hearing. If the court

determines child support in an evidentiary

hearing, whether for purposes of a temporary order

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

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

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

tax amount shall be as determined by the court on

the basis of the record established.

(F) Adjustments to income.

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

also legally responsible for support of a child

not shared with the other parent and not subject

to the present proceeding, there shall be an

adjustment to net income as follows:

(i) Multi-family adjustment with court

order. The court shall deduct from the

parent's net income the amount of child

support actually paid by the parent pursuant

to a support order unless the court makes a

finding that it would cause economic hardship

to the child.

(ii) Multi-family adjustment without court

order. Upon the request or application of a

parent actually supporting a presumed,

acknowledged, or adjudicated child living in

or outside of that parent's household, there

shall be an adjustment to child support. The

court shall deduct from the parent's net

income the amount of financial support

actually paid by the parent for the child or

75% of the support the parent should pay under

the child support guidelines (before this

adjustment), whichever is less, unless the

court makes a finding that it would cause

economic hardship to the child. The adjustment

shall be calculated using that parent's income

alone.

(II) Spousal Maintenance adjustment.

Obligations pursuant to a court order for spousal

maintenance in the pending proceeding actually

paid or payable to the same party to whom child

support is to be payable or actually paid to a

former spouse pursuant to a court order shall be

deducted from the parent's after-tax income,

unless the maintenance obligation is tax

deductible to the payor for federal income tax

purposes, in which case it shall be deducted from

the payor's gross income for purposes of

calculating the parent's child support obligation.

(3.1) Business income. For purposes of calculating

child support, net business income from the operation of a

business means gross receipts minus ordinary and necessary

expenses required to carry on the trade or business. As

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

limited to, sole proprietorships, closely held

corporations, partnerships, other flow-through business

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

following:

(A) The accelerated component of depreciation and

any business expenses determined either judicially or

administratively to be inappropriate or excessive

shall be excluded from the total of ordinary and

necessary business expenses to be deducted in the

determination of net business income from gross

business income.

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

received by a parent from a business, including, but

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

housing, or a housing allowance, shall be counted as

income if not otherwise included in the recipient's

gross income, if the item is significant in amount and

reduces personal expenses.

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

voluntarily unemployed or underemployed, child support

shall be calculated based on a determination of potential

income. A determination of potential income shall be made

by determining employment potential and probable earnings

level based on the obligor's work history, occupational

qualifications, prevailing job opportunities, the

ownership by a parent of a substantial non-income

producing asset, and earnings levels in the community. In

determining potential income, the court shall consider the

specific circumstances of a party, to the extent known,

including, but not limited to, the parent's:

(1) assets;

(2) ownership of a substantial non-income

producing asset;

(3) residence;

(4) employment and earning history;

(5) job skills;

(6) educational attainment;

(7) literacy;

(8) age;

(9) health;

(10) criminal records and other employment

barriers; and

(11) record of seeking work.

The court shall also consider the local job market,

availability of local employers willing to hire the

parent, prevailing earning levels in the local community,

and other relevant background factors in the case. If

there is insufficient work history to determine employment

potential and probable earnings level, there shall be a

rebuttable presumption that the parent's potential income

is 75% of the most recent United States Department of

Health and Human Services Federal Poverty Guidelines for a

family of one person. Incarceration shall not be

considered voluntary unemployment for child support

purposes in establishing or modifying child support.

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

upon conducting an evidentiary hearing or by agreement of

the parties. Imputation of income shall be accompanied by

specific written findings identifying the basis or bases

for imputation using these factors.

(3.3) Rebuttable presumption in favor of guidelines.

There is a rebuttable presumption in any judicial or

administrative proceeding for child support that the

amount of the child support obligation that would result

from the application of the child support guidelines is

the correct amount of child support.

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

rebuttable presumption that a minimum child support

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

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

less than 75% of the most recent United States Department

of Health and Human Services Federal Poverty Guidelines

for a family of one person, with a maximum total child

support obligation for that obligor of $120 per month to

be divided equally among all of the obligor's children.

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

with no gross income, who receive only means-tested

assistance, or who cannot work due to a medically proven

disability, incarceration, or institutionalization, there

is a rebuttable presumption that the $40 per month minimum

support order is inapplicable and a zero dollar order

shall be entered.

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

modify child support, whether pursuant to a temporary or

final administrative or court order, the child support

guidelines shall be used as a rebuttable presumption for

the establishment or modification of the amount of child

support. The court may deviate from the child support

guidelines if the application would be inequitable,

unjust, or inappropriate. Any deviation from the

guidelines shall be accompanied by written findings by the

court specifying the reasons for the deviation and the

presumed amount under the child support guidelines without

a deviation. These reasons may include:

(A) extraordinary medical expenditures necessary

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

either or both of the parties;

(B) additional expenses incurred for a child

subject to the child support order who has special

medical, physical, or developmental needs; and

(C) any other factor the court determines should

be applied upon a finding that the application of the

child support guidelines would be inappropriate, after

considering the best interest of the child.

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

support obligation. A court may use its discretion to

determine child support if the combined adjusted net

income of the parties exceeds the highest level of the

schedule of basic child support obligation, except that

the basic child support obligation shall not be less than

the highest level of combined net income set forth in the

schedule of basic child support obligation.

(3.6) Extracurricular activities and school expenses.

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

child support obligation, may order either or both parents

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

reasonable school and extracurricular activity expenses

incurred which are intended to enhance the educational,

athletic, social, or cultural development of the child.

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

discretion, in addition to the basic child support

obligation, may order either or both parents owing a duty

of support to the child to contribute to the reasonable

child care expenses of the child. The child care expenses

shall be made payable directly to a party or directly to

the child care provider at the time of child care

services.

(A) "Child care expenses" means actual expenses

reasonably necessary to enable a parent or non-parent

custodian to be employed, to attend educational or

vocational training programs to improve employment

opportunities, or to search for employment. "Child

care expenses" also includes deposits for securing

placement in a child care program, the cost of before

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

session. A child's special needs shall be a

consideration in determining reasonable child care

expenses.

(B) Child care expenses shall be prorated in

proportion to each parent's percentage share of

combined net income, and may be added to the basic

child support obligation if not paid directly by each

parent to the provider of child care services. The

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

expenses shall appear in the support order. If

allowed, the value of the federal income tax credit

for child care shall be subtracted from the actual

cost to determine the net child care costs.

(C) The amount of child care expenses shall be

adequate to obtain reasonable and necessary child

care. The actual child care expenses shall be used to

calculate the child care expenses, if available. When

actual child care expenses vary, the actual child care

expenses may be averaged over the most recent 12-month

period. When a parent is temporarily unemployed or

temporarily not attending educational or vocational

training programs, future child care expenses shall be

based upon prospective expenses to be incurred upon

return to employment or educational or vocational

training programs.

(D) An order for child care expenses may be

modified upon a showing of a substantial change in

circumstances. The party incurring child care expenses

shall notify the other party within 14 days of any

change in the amount of child care expenses that would

affect the annualized child care amount as determined

in the support order.

(3.8) Shared physical care. If each parent exercises

146 or more overnights per year with the child, the basic

child support obligation is multiplied by 1.5 to calculate

the shared care child support obligation. The court shall

determine each parent's share of the shared care child

support obligation based on the parent's percentage share

of combined net income. The child support obligation is

then computed for each parent by multiplying that parent's

portion of the shared care support obligation by the

percentage of time the child spends with the other parent.

The respective child support obligations are then offset,

with the parent owing more child support paying the

difference between the child support amounts. The Illinois

Department of Healthcare and Family Services shall

promulgate a worksheet to calculate child support in cases

in which the parents have shared physical care and use the

standardized tax amount to determine net income.

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

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

not all of the children, the support is calculated by

using 2 child support worksheets to determine the support

each parent owes the other. The support shall be

calculated as follows:

(A) compute the support the first parent would owe

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

the only child of the parties; then

(B) compute the support the other parent would owe

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

were the only child of the parties; then

(C) subtract the lesser support obligation from

the greater.

The parent who owes the greater obligation shall be

ordered to pay the difference in support to the other

parent, unless the court determines, pursuant to other

provisions of this Section, that it should deviate from

the guidelines.

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

(A) A portion of the basic child support

obligation is intended to cover basic ordinary

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

discretion, in addition to the basic child support

obligation, shall also provide for the child's current

and future medical needs by ordering either or both

parents to initiate health insurance coverage for the

child through currently effective health insurance

policies held by the parent or parents, purchase one

or more or all health, dental, or vision insurance

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

current and future medical needs through some other

manner.

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

or both parents to contribute to the reasonable health

care needs of the child not covered by insurance,

including, but not limited to, unreimbursed medical,

dental, orthodontic, or vision expenses and any

prescription medication for the child not covered

under the child's health insurance.

(C) If neither parent has access to appropriate

private health insurance coverage, the court may

order:

(I) one or both parents to provide health

insurance coverage at any time it becomes

available at a reasonable cost; or

(II) the parent or non-parent custodian with

primary physical responsibility for the child to

apply for public health insurance coverage for the

child and require either or both parents to pay a

reasonable amount of the cost of health insurance

for the child.

The order may also provide that any time private

health insurance coverage is available at a reasonable

cost to that party it will be provided instead of cash

medical support. As used in this Section, "cash

medical support" means an amount ordered to be paid

toward the cost of health insurance provided by a

public entity or by another person through employment

or otherwise or for other medical costs not covered by

insurance.

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

support obligation shall be the actual amount of the

total health insurance premium that is attributable to

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

amount is not available or cannot be verified, the

total cost of the health insurance premium shall be

divided by the total number of persons covered by the

policy. The cost per person derived from this

calculation shall be multiplied by the number of

children who are the subject of the order and who are

covered under the health insurance policy. This amount

shall be added to the basic child support obligation

and shall be allocated between the parents in

proportion to their respective net incomes.

(E) After the health insurance premium for the

child is added to the basic child support obligation

and allocated between the parents in proportion to

their respective incomes for child support purposes,

if the obligor is paying the premium, the amount

calculated for the obligee's share of the health

insurance premium for the child shall be deducted from

the obligor's share of the total child support

obligation. If the obligee is paying for private

health insurance for the child, the child support

obligation shall be increased by the obligor's share

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

portion of health insurance costs shall appear in the

support order.

(F) Prior to allowing the health insurance

adjustment, the parent requesting the adjustment must

submit proof that the child has been enrolled in a

health insurance plan and must submit proof of the

cost of the premium. The court shall require the

parent receiving the adjustment to annually submit

proof of continued coverage of the child to the other

parent, or as designated by the court.

(G) A reasonable cost for providing health

insurance coverage for the child may not exceed 5% of

the providing parent's gross income. Parents with a

net income below 133% of the most recent United States

Department of Health and Human Services Federal

Poverty Guidelines or whose child is covered by

Medicaid based on that parent's income may not be

ordered to contribute toward or provide private

coverage, unless private coverage is obtainable

without any financial contribution by that parent.

(H) If dental or vision insurance is included as

part of the employer's medical plan, the coverage

shall be maintained for the child. If not included in

the employer's medical plan, adding the dental or

vision insurance for the child is at the discretion of

the court.

(I) If a parent has been directed to provide

health insurance pursuant to this paragraph and that

parent's spouse or legally recognized partner provides

the insurance for the benefit of the child either

directly or through employment, a credit on the child

support worksheet shall be given to that parent in the

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

(4.5) In a proceeding for child support following

dissolution of the marriage or civil union by a court that

lacked personal jurisdiction over the absent spouse, and

in which the court is requiring payment of support for the

period before the date an order for current support is

entered, there is a rebuttable presumption that the

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

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

support is entered.

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

default or any other reason, the court shall order support

in an amount considered reasonable in the particular case.

The final order in all cases shall state the support level

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

child support amount cannot be expressed exclusively as a

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

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

amount, the court may order a percentage amount of support

in addition to a specific dollar amount and enter such

other orders as may be necessary to determine and enforce,

on a timely basis, the applicable support ordered.

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

request for discovery of financial information relating to

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

obligor failed to comply with the request, despite having

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

is not present at the hearing to determine support despite

having received proper notice, then any relevant financial

information concerning the obligor's ability to provide

child support that was obtained pursuant to subpoena and

proper notice shall be admitted into evidence without the

need to establish any further foundation for its

admission.

(a-3) Life insurance to secure support. At the discretion

of the court, a child support obligation pursuant to this

Section and Sections 510, 513, and 513.5 of this Act may be

secured, in whole or in part, by reasonably affordable life

insurance on the life of one or both parents on such terms as

the parties agree or as the court orders. The court may require

such insurance remain in full force and effect until the

termination of all obligations of support, subject to the

following:

(1) Existing life insurance. The court shall be

apprised through evidence, stipulation, or otherwise as to

the level, ownership, and type of existing life insurance

death benefit coverage available to one or both parents,

the cost of the premiums, cost ratings, and escalations

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

relevant circumstances. The court shall make findings

relative thereto.

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

through evidence, stipulation, or otherwise as to the

availability of obtaining reasonably affordable new life

insurance. To the extent the court determines that the

support obligations should be secured, in whole or in

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

parents, the court may order that one or both parents

comply with all requirements to obtain such new life

insurance through employment, trade union, fraternal

organizations, associations, or individual means.

In determining the level and type of death benefits

coverage to be obtained by a parent, the court shall

consider access and availability of life insurance to that

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

escalations, if applicable, and all other relevant

circumstances.

(3) Other security. If life insurance is unavailable

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

by the parties, may order other equitable and reasonable

means to secure a child support obligation.

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

based on the obligor's failure to make support payments as

required by the order, notice of proceedings to hold the

obligor in contempt for that failure may be served on the

obligor by personal service or by regular mail addressed to

the last known address of the obligor. The last known address

of the obligor may be determined from records of the clerk of

the court, from the Federal Case Registry of Child Support

Orders, or by any other reasonable means.

(b) Failure of either parent to comply with an order to pay

support shall be punishable as in other cases of contempt. In

addition to other penalties provided by law the court may,

after finding the parent guilty of contempt, order that the

parent be:

(1) placed on probation with such conditions of

probation as the court deems advisable;

(2) sentenced to periodic imprisonment for a period

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

may permit the parent to be released for periods of time

during the day or night to:

(A) work; or

(B) conduct a business or other self-employed

occupation.

The court may further order any part or all of the earnings

of a parent during a sentence of periodic imprisonment paid to

the Clerk of the Circuit Court or to the parent having physical

possession of the child or to the non-parent custodian having

custody of the child of the sentenced parent for the support of

the child until further order of the court.

If a parent who is found guilty of contempt for failure to

comply with an order to pay support is a person who conducts a

business or who is self-employed, the court in addition to

other penalties provided by law may order that the parent do

one or more of the following: (i) provide to the court monthly

financial statements showing income and expenses from the

business or the self-employment; (ii) seek employment and

report periodically to the court with a diary, listing, or

other memorandum of his or her employment search efforts; or

(iii) report to the Department of Employment Security for job

search services to find employment that will be subject to

withholding for child support.

If there is a unity of interest and ownership sufficient

to render no financial separation between an obligor and

another person or persons or business entity, the court may

pierce the ownership veil of the person, persons, or business

entity to discover assets of the obligor held in the name of

that person, those persons, or that business entity. The

following circumstances are sufficient to authorize a court to

order discovery of the assets of a person, persons, or

business entity and to compel the application of any

discovered assets toward payment on the judgment for support:

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

entity maintain records together.

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

entity fail to maintain an arm's length relationship

between themselves with regard to any assets.

(3) the obligor transfers assets to the person,

persons, or business entity with the intent to perpetrate

a fraud on the obligee.

With respect to assets which are real property, no order

entered under this paragraph shall affect the rights of bona

fide purchasers, mortgagees, judgment creditors, or other lien

holders who acquire their interests in the property prior to

the time a notice of lis pendens pursuant to the Code of Civil

Procedure or a copy of the order is placed of record in the

office of the recorder of deeds for the county in which the

real property is located.

The court may also order in cases where the parent is 90

days or more delinquent in payment of support or has been

adjudicated in arrears in an amount equal to 90 days

obligation or more, that the parent's Illinois driving

privileges be suspended until the court determines that the

parent is in compliance with the order of support. The court

may also order that the parent be issued a family financial

responsibility driving permit that would allow limited driving

privileges for employment and medical purposes in accordance

with Section 7-702.1 of the Illinois Vehicle Code. The Clerk

of the Circuit Court shall certify the order suspending the

driving privileges of the parent or granting the issuance of a

family financial responsibility driving permit to the

Secretary of State on forms prescribed by the Secretary of

State. Upon receipt of the authenticated documents, the

Secretary of State shall suspend the parent's driving

privileges until further order of the court and shall, if

ordered by the court, subject to the provisions of Section

7-702.1 of the Illinois Vehicle Code, issue a family financial

responsibility driving permit to the parent.

In addition to the penalties or punishment that may be

imposed under this Section, any person whose conduct

constitutes a violation of Section 15 of the Non-Support

Punishment Act may be prosecuted under that Act, and a person

convicted under that Act may be sentenced in accordance with

that Act. The sentence may include but need not be limited to a

requirement that the person perform community service under

Section 50 of that Act or participate in a work alternative

program under Section 50 of that Act. A person may not be

required to participate in a work alternative program under

Section 50 of that Act if the person is currently

participating in a work program pursuant to Section 505.1 of

this Act.

A support obligation, or any portion of a support

obligation, which becomes due and remains unpaid as of the end

of each month, excluding the child support that was due for

that month to the extent that it was not paid in that month,

shall accrue simple interest as set forth in Section 12-109 of

the Code of Civil Procedure. An order for support entered or

modified on or after January 1, 2006 shall contain a statement

that a support obligation required under the order, or any

portion of a support obligation required under the order, that

becomes due and remains unpaid as of the end of each month,

excluding the child support that was due for that month to the

extent that it was not paid in that month, shall accrue simple

interest as set forth in Section 12-109 of the Code of Civil

Procedure. Failure to include the statement in the order for

support does not affect the validity of the order or the

accrual of interest as provided in this Section.

(c) A one-time charge of 20% is imposable upon the amount

of past-due child support owed on July 1, 1988 which has

accrued under a support order entered by the court. The charge

shall be imposed in accordance with the provisions of Section

10-21 of the Illinois Public Aid Code and shall be enforced by

the court upon petition.

(d) Any new or existing 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.

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.

(e) When child support 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 child support payments, all fees imposed by the county

board under paragraph (2) of subsection (j-5) of Section 27.1b

paragraph (4) of subsection (bb) of Section 27.1a of the

Clerks of Courts Act. When child support 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 child support

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 pursuant to an Income Withholding

Order/Notice for Support, the payment of the fee shall be by

payment acceptable to the clerk and shall be made to the order

of the Clerk.

(f) All orders for support, when entered or modified,

shall include a provision requiring the obligor to notify the

court and, in cases in which a party is receiving child and

spouse services under Article X of the Illinois Public Aid

Code, the Department of Healthcare and Family Services, within

7 days, (i) of the name and address of any new employer of the

obligor, (ii) whether the obligor has access to health

insurance coverage through the employer or other group

coverage and, if so, the policy name and number and the names

of persons covered under the policy, except only the initials

of any covered minors shall be included, and (iii) of any new

residential or mailing address or telephone number of the

obligor. In any subsequent action to enforce a support order,

upon a sufficient showing that a diligent effort has been made

to ascertain the location of the obligor, service of process

or provision of notice necessary in the case may be made at the

last known address of the obligor in any manner expressly

provided by the Code of Civil Procedure or this Act, which

service shall be sufficient for purposes of due process.

(g) An order for support shall include a date on which the

current support obligation terminates. The termination date

shall be no earlier than the date on which the child covered by

the order will attain the age of 18. However, if the child will

not graduate from high school until after attaining the age of

18, then the termination date shall be no earlier than the

earlier of the date on which the child's high school

graduation will occur or the date on which the child will

attain the age of 19. The order for support shall state that

the termination date does not apply to any arrearage that may

remain unpaid on that date. Nothing in this subsection shall

be construed to prevent the court from modifying the order or

terminating the order in the event the child is otherwise

emancipated.

(g-5) If there is an unpaid arrearage or delinquency (as

those terms are defined in the Income Withholding for Support

Act) equal to at least one month's support obligation on the

termination date stated in the order for support or, if there

is no termination date stated in the order, on the date the

child attains the age of majority or is otherwise emancipated,

the periodic amount required to be paid for current support of

that child immediately prior to that date shall automatically

continue to be an obligation, not as current support but as

periodic payment toward satisfaction of the unpaid arrearage

or delinquency. That periodic payment shall be in addition to

any periodic payment previously required for satisfaction of

the arrearage or delinquency. The total periodic amount to be

paid toward satisfaction of the arrearage or delinquency may

be enforced and collected by any method provided by law for

enforcement and collection of child support, including but not

limited to income withholding under the Income Withholding for

Support Act. Each order for support entered or modified on or

after January 1, 2005 (the effective date of Public Act

93-1061) must contain a statement notifying the parties of the

requirements of this subsection. Failure to include the

statement in the order for support does not affect the

validity of the order or the operation of the provisions of

this subsection with regard to the order. This subsection

shall not be construed to prevent or affect the establishment

or modification of an order for support of a minor child or the

establishment or modification of an order for support of a

non-minor child or educational expenses under Section 513 of

this Act.

(h) An order entered under this Section shall include a

provision requiring either parent to report to the other

parent and to the Clerk of Court within 10 days each time

either parent obtains new employment, and each time either

parent's employment is terminated for any reason. The report

shall be in writing and shall, in the case of new employment,

include the name and address of the new employer. Failure to

report new employment or the termination of current

employment, if coupled with nonpayment of support for a period

in excess of 60 days, is indirect criminal contempt. For

either parent arrested for failure to report new employment

bond shall be set in the amount of the child support that

should have been paid during the period of unreported

employment. An order entered under this Section shall also

include a provision requiring either obligor and obligee to

advise the other of a change in residence within 5 days of the

change except when the court finds that the physical, mental,

or emotional health of a party or that of a child, or both,

would be seriously endangered by disclosure of the party's

address.

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

driver's license suspension, or other child support

enforcement mechanisms, including, but not limited to,

criminal prosecution as set forth in this Act, upon the

emancipation of the minor child.

(Source: P.A. 102-823, eff. 5-13-22.)

(750 ILCS 5/509) (from Ch. 40, par. 509)

Sec. 509. Independence of Provisions of Judgment or

Temporary Order. If a party fails to comply with a provision of

a judgment, order, or injunction, the obligation of the other

party to make payments for support or maintenance or to permit

visitation or parenting time is not suspended; but the other

party he may move the court to grant an appropriate order.

(Source: P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/600)

Sec. 600. Definitions. For purposes of this Part VI:

(a) "Abuse" has the meaning ascribed to that term in

Section 103 of the Illinois Domestic Violence Act of 1986.

(b) "Allocation judgment" means a judgment allocating

parental responsibilities.

(c) "Caretaking functions" means tasks that involve

interaction with a child or that direct, arrange, and

supervise the interaction with and care of a child provided by

others, or for obtaining the resources allowing for the

provision of these functions. The term includes, but is not

limited to, the following:

(1) satisfying a child's nutritional needs; managing a

child's bedtime and wake-up routines; caring for a child

when the child is sick or injured; being attentive to a

child's personal hygiene needs, including washing,

grooming, and dressing; playing with a child and ensuring

the child attends scheduled extracurricular activities;

protecting a child's physical safety; and providing

transportation for a child;

(2) directing a child's various developmental needs,

including the acquisition of motor and language skills,

toilet training, self-confidence, and maturation;

(3) providing discipline, giving instruction in

manners, assigning and supervising chores, and performing

other tasks that attend to a child's needs for behavioral

control and self-restraint;

(4) ensuring the child attends school, including

remedial and special services appropriate to the child's

needs and interests, communicating with teachers and

counselors, and supervising homework;

(5) helping a child develop and maintain appropriate

interpersonal relationships with peers, siblings, and

other family members;

(6) ensuring the child attends medical appointments

and is available for medical follow-up and meeting the

medical needs of the child in the home;

(7) providing moral and ethical guidance for a child;

and

(8) arranging alternative care for a child by a family

member, babysitter, or other child care provider or

facility, including investigating such alternatives,

communicating with providers, and supervising such care.

(d) "Parental responsibilities" means both parenting time

and significant decision-making responsibilities with respect

to a child.

(e) "Parenting time" means the time during which a parent

is responsible for exercising caretaking functions and

non-significant decision-making responsibilities with respect

to the child.

(f) "Parenting plan" means a written agreement that

allocates significant decision-making responsibilities,

parenting time, or both.

(g) "Relocation" means:

(1) a change of residence from the child's current

primary residence located in the county of Cook, DuPage,

Kane, Lake, McHenry, or Will to a new residence within

this State that is more than 25 miles from the child's

current residence, as measured by an Internet mapping

service using surface roads;

(2) a change of residence from the child's current

primary residence located in a county not listed in

paragraph (1) to a new residence within this State that is

more than 50 miles from the child's current primary

residence, as measured by an Internet mapping service

using surface roads; or

(3) a change of residence from the child's current

primary residence to a residence outside the borders of

this State that is more than 25 miles from the current

primary residence, as measured by an Internet mapping

service using surface roads.

If the Internet mapping service offers alternative routes,

the alternative route that is the shortest distance shall be

used.

(h) "Religious upbringing" means the choice of religion or

denomination of a religion, religious schooling, religious

training, or participation in religious customs or practices.

(i) "Restriction of parenting time" means any limitation

or condition placed on parenting time, including supervision.

(j) "Right of first refusal" has the meaning provided in

subsection (b) of Section 602.3 of this Act.

(k) "Significant decision-making" means deciding issues of

long-term importance in the life of a child.

(l) "Step-parent" means a person married to a child's

parent, including a person married to the child's parent

immediately prior to the parent's death.

(m) "Supervision" means the presence of a third party

during a parent's exercise of parenting time.

(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)

(750 ILCS 5/602.10)

Sec. 602.10. Parenting plan.

(a) Filing of parenting plan. All parents, within 120 days

after service or filing of any petition for allocation of

parental responsibilities, must file with the court, either

jointly or separately, a proposed parenting plan. The time

period for filing a parenting plan may be extended by the court

for good cause shown. If no appearance has been filed by the

respondent, no parenting plan is required unless ordered by

the court.

(b) No parenting plan filed. In the absence of filing of

one or more parenting plans, the court must conduct an

evidentiary hearing to allocate parental responsibilities.

(c) Mediation. The court shall order mediation to assist

the parents in formulating or modifying a parenting plan or in

implementing a parenting plan unless the court determines that

impediments to mediation exist. Costs under this subsection

shall be allocated between the parties pursuant to the

applicable statute or Supreme Court Rule.

(d) Parents' agreement on parenting plan. The parenting

plan must be in writing and signed by both parents. The parents

must submit the parenting plan to the court for approval

within 120 days after service of a petition for allocation of

parental responsibilities or the filing of an appearance,

except for good cause shown. Notwithstanding the provisions

above, the parents may agree upon and submit a parenting plan

at any time after the commencement of a proceeding until prior

to the entry of a judgment of dissolution of marriage. The

agreement is binding upon the court unless it finds, after

considering the circumstances of the parties and any other

relevant evidence produced by the parties, that the agreement

is not in the best interests of the child. If the court does

not approve the parenting plan, the court shall make express

findings of the reason or reasons for its refusal to approve

the plan. The court, on its own motion, may conduct an

evidentiary hearing to determine whether the parenting plan is

in the child's best interests.

(e) Parents cannot agree on parenting plan. When parents

fail to submit an agreed parenting plan, each parent must file

and submit a written, signed parenting plan to the court

within 120 days after the filing of an appearance, except for

good cause shown. The court's determination of parenting time

should be based on the child's best interests. The filing of

the plan may be excused by the court if:

(1) the parties have commenced mediation for the

purpose of formulating a parenting plan; or

(2) the parents have agreed in writing to extend the

time for filing a proposed plan and the court has approved

such an extension; or

(3) the court orders otherwise for good cause shown.

(f) Parenting plan contents. At a minimum, a parenting

plan must set forth the following:

(1) an allocation of significant decision-making

responsibilities;

(2) provisions for the child's living arrangements and

for each parent's parenting time, including either:

(A) a schedule that designates in which parent's

home the minor child will reside on given days; or

(B) a formula or method for determining such a

schedule in sufficient detail to be enforced in a

subsequent proceeding;

(3) a mediation provision addressing any proposed

reallocation of parenting time or regarding the terms of

allocation of parental responsibilities, except that this

provision is not required if one parent is allocated all

significant decision-making responsibilities;

(4) each parent's right of access to medical, dental,

and psychological records (subject to the Mental Health

and Developmental Disabilities Confidentiality Act), child

care records, and school and extracurricular records,

reports, and schedules, unless expressly denied by a court

order or denied under Section 602.11;

(5) a designation of the parent who will be

denominated as the parent with the majority of parenting

time for purposes of Section 606.10;

(6) the child's residential address for school

enrollment purposes only;

(7) each parent's residence address and phone number,

and each parent's place of employment and employment

address and phone number;

(8) a requirement that a parent changing his or her

residence provide at least 60 days prior written notice of

the change to any other parent under the parenting plan or

allocation judgment, unless such notice is impracticable

or unless otherwise ordered by the court. If such notice

is impracticable, written notice shall be given at the

earliest date practicable. At a minimum, the notice shall

set forth the following:

(A) the intended date of the change of residence;

and

(B) the address of the new residence;

(9) provisions requiring each parent to notify the

other of emergencies, health care, travel plans, or other

significant child-related issues;

(10) transportation arrangements between the parents;

(11) provisions for communications, including

electronic communications, with the child during the other

parent's parenting time;

(12) provisions for resolving issues arising from a

parent's future relocation, if applicable;

(13) provisions for future modifications of the

parenting plan, if specified events occur;

(14) provisions for the exercise of the right of first

refusal, if so desired, that are consistent with the best

interests of the minor child; provisions in the plan for

the exercise of the right of first refusal must include:

(i) the length and kind of child-care requirements

invoking the right of first refusal;

(ii) notification to the other parent and for his

or her response;

(iii) transportation requirements; and

(iv) any other provision related to the exercise

of the right of first refusal necessary to protect and

promote the best interests of the minor child; and

(15) any other provision that addresses the child's

best interests or that will otherwise facilitate

cooperation between the parents.

The personal information under items (6), (7), and (8) of

this subsection is not required if there is evidence of or the

parenting plan states that there is a history of domestic

violence or abuse, or it is shown that the release of the

information is not in the child's or parent's best interests.

(g) The court shall conduct a trial or hearing to

determine a plan which maximizes the child's relationship and

access to both parents and shall ensure that the access and the

overall plan are in the best interests of the child. The court

shall take the parenting plans into consideration when

determining parenting time and responsibilities at trial or

hearing.

(h) The court may consider, consistent with the best

interests of the child as defined in Section 602.7 of this Act,

whether to award to one or both of the parties the right of

first refusal in accordance with Section 602.3 of this Act.

(i) A parenting plan or allocation judgment, once approved

or entered by the court, shall be considered final for

purposes of modification under Section 610.5 or appeal, unless

the underlying action is dismissed. If the underlying action

in which the parenting plan or allocation judgment is approved

or entered by the court is subsequently dismissed, the

parenting plan or allocation judgment shall be void and

unenforceable.

(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)