SB 3231

Abstract

Amends provisions of the Illinois Marriage and Dissolution of Marriage Act concerning maintenance. Adds language providing that the court shall first determine whether a maintenance award is appropriate, using factors already in the statute. Provides that, if a court determines that a maintenance award is appropriate, the court shall order maintenance either: in accordance with guidelines involving the income of the parties and the length of the marriage; or after the court's consideration of relevant factors already in the statute. Provides that, in a case involving the issue of maintenance, the court shall make specific findings of fact stating the reasoning for awarding or not awarding maintenance, including references to factors already in the statute, and, if the court deviates from otherwise applicable guidelines, stating 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. Defines "gross income", for purposes of calculating maintenance obligations, as "all income from all sources", as that phase is used in calculating net income for purposes of calculating child support. Provides that, unless the parties otherwise agree, the court may not order unallocated maintenance and child support in a dissolution judgment or a post-dissolution order, but the court may order unallocated maintenance and child support in a pre-dissolution temporary order. Adds headings to existing subsections. In provisions of the Act concerning the determination of child support, provides that obligations pursuant to a court order for maintenance in the pending proceeding actually paid or payable to the same party to whom child support is to be payable shall be deducted from net income.