SB 3284

Abstract

Amends the Illinois Marriage and Dissolution of Marriage Act. Removes language providing that no maintenance shall accrue while a party is imprisoned for failure to comply with the court's order for the payment of the maintenance. Adds criteria for determining child support if a parent is unemployed or underemployed. Allows a court to impute income to a party only upon conducting an evidentiary hearing or agreement of the parties. Provides that incarceration shall not be considered voluntary unemployment for child support purposes in establishing or modifying child support. Changes the definition of "relocation" to specify that the mileage shall be measured by an internet mapping service using surface roads, and that, if the internet mapping service offers alternative routes, the alternative route that is the shortest distance shall be used. Provides that, if the underlying action in which the parenting plan or allocation judgment is approved or entered by the court and the underlying action is subsequently dismissed, the parenting plan or allocation judgment is void and unenforceable. Provides that a parenting plan or allocation judgment, once approved or entered by the court, is considered final for purposes for modification or appeal so long as the underlying action is pending. Provides that, if the court orders the parties to participate in family or individual counseling, the counseling is subject to the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act of 1996. Removes language providing that, if counseling is ordered, all counseling sessions are confidential, and the communications in counseling shall not be used in any manner in litigation nor relied upon by an expert appointed by the court or retained by a party. Makes other changes. Senate Floor Amendment No. 1 Provides that a parenting plan or allocation judgment, once approved or entered by the court, shall be considered final for purposes of modification or appeal, unless the underlying action is dismissed. Provides that, 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.