HB 2337 — DISSOL-MAINTENANCE GUIDELINES

Summary

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a court determines that a maintenance award is appropriate, the court must make an award pursuant to maintenance guidelines or pursuant to a list of relevant factors. Provides that if a maintenance award is appropriate, the parties' gross income is less than $250,000, and no multiple family situation exists, these maintenance guidelines shall be used by the court: (1) the amount of maintenance is calculated by using designated percentages of the gross income of the payor, of the payee, and of both parties; and (2) the duration of a guidelines maintenance award is based upon a calculation that utilizes the length of the marriage and, for marriages of 20 years or more, the court may order either permanent maintenance or maintenance for a period of years that is equal to the length of the marriage. Provides that in an action filed less than 10 years after the date of the marriage, if the court grants maintenance for a fixed period of time, the court may also set a "permanent termination" date, after which maintenance is barred. Provides that in a case involving the issue of maintenance, the court shall make specific findings of fact and state the reason or reasons for awarding or not awarding maintenance. Provides that if the court deviates from otherwise applicable guidelines, the court must calculate what the maintenance amount would be under the guidelines and the reasons for the court's variance from the guidelines. Provides that for the purpose of determining maintenance, "gross income" means all income from all sources. Provides that, unless the parties agree, the court shall not order unallocated maintenance and child support, but the court, in its discretion, may order for unallocated maintenance and child support in a pre-dissolution temporary order. In provisions concerning child support guidelines, provides that "net income" does not include the amount of maintenance paid to the same person to whom the child support is payable. Adds headings to existing subsections.

Bill Text

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The bill amends the Illinois Marriage and Dissolution of Marriage Act to establish specific guidelines for maintenance awards based on the parties' income and duration of marriage.

• 750 ILCS 5/504(b-1)

  If the court determines that a maintenance award is appropriate, the court shall order maintenance in accordance with either paragraph (1) or (2) of this subsection (b-1): (1) Guidelines maintenance. In situations when the combined gross income of the parties is less than $250,000 and no multiple family situation exists, 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) Maintenance shall be calculated by taking 30% of the payor's gross income minus 20% of the payee's gross income. The amount, so calculated as maintenance, however, when added to the gross income of the payee shall not result in the recipient receiving an amount that is in excess of 40% of the combined gross income of the parties. (B) The duration of a guidelines award shall be arrived at by multiplying the length of the marriage (up to 20 years) by whichever of the following factors applies: 0-5 years (.20); 5-10 years (.40); 10-15 years (.60); or 15-20 years (.80). For a marriage of 20 or more years, the court in its discretion shall order either permanent maintenance or, alternatively, maintenance for a period equal to the length of the marriage.

  This addition establishes specific guidelines for the calculation and duration of maintenance based on the combined gross income and length of the marriage.

• 750 ILCS 5/504(b-3)

  For purposes of this Section 504, the term "gross income" means "all income from all sources" within the scope of that phrase in Section 505.

  This change clarifies the definition of 'gross income' for the purposes of maintenance calculations.

• 750 ILCS 5/504(b-4)

  Unless the parties otherwise agree, the court shall not order unallocated maintenance and child support in any dissolution judgment or in any post-dissolution order. In its discretion, the court may order unallocated maintenance and child support in any pre-dissolution temporary order.

  This provision prevents courts from ordering unallocated maintenance and child support in dissolution judgments unless agreed upon by the parties.

• 750 ILCS 5/504(b-4.5)

  If a court grants maintenance for a fixed period under subsection (a) of this Section 504 at the conclusion of a case commenced before the tenth anniversary of the marriage, the court may also designate the termination of the period during which this maintenance is to be paid as a "permanent termination". The effect of this designation is that maintenance is barred after the ending date of this period.

  This addition allows courts to set a 'permanent termination' date for maintenance after a fixed period in marriages lasting less than 10 years.

• 750 ILCS 5/505(b-5)

  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.

  This provision establishes that unpaid maintenance obligations will accrue simple interest.

Action History

1. December 03, 2014

   Session Sine Die

2. March 22, 2013

   Rule 19(a) / Re-referred to Rules Committee

3. February 25, 2013

   Assigned to Judiciary

4. February 19, 2013

   Referred to Rules Committee

5. February 19, 2013

   First Reading

6. February 19, 2013

   Filed with the Clerk by Rep. Robyn Gabel

Sponsors

• Robyn Gabel · Cosponsor

Subjects