IMDMA-MAINTENANCE/PARENTING
The bill introduces significant changes in how child support calculations are made, particularly for parents who are unemployed or underemployed. Importantly, it stipulates that incarceration cannot be classified as voluntary unemployment when determining support payments. Consequently, courts must consider various factors, including a parent's background, existing employment barriers, and income potential, leading to a more tailored approach in child support cases. Additionally, it updates the definition of 'relocation,' establishing clearer guidelines for measuring distance using internet mapping services, ensuring a more precise assessment of parenting arrangements.
House Bill 2330 amends the Illinois Marriage and Dissolution of Marriage Act, specifically addressing crucial issues related to maintenance and child support. One of the key changes is the removal of provisions that stated no maintenance accrues while a party is imprisoned for failing to comply with a maintenance payment order. This adjustment aims to consider the unique circumstances of individuals who may be unable to pay due to incarceration, thereby placing greater emphasis on equitable considerations when determining support obligations.
While the bill aims to provide fairness and clarity, it has sparked discussions regarding the balance between parental obligations and support relief for those facing imprisonment. Advocates argue this bill could mitigate financial burdens for parents in dire circumstances, while opponents express concern that removing the maintenance accrual during incarceration could allow for potential exploitation of the system. Furthermore, the adjustments made in child support calculation methods may lead to contentious debates in family law, especially among divorced or separated parents navigating custody and financial responsibilities.