Public Act 103-0967
SB3284 EnrolledLRB103 36806 JRC 66916 b SB3284 Enrolled LRB103 36806 JRC 66916 b
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:
SB3284 Enrolled LRB103 36806 JRC 66916 b
(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.)