Illinois

An Overview of the Illinois Parentage Act of 2015

Posted on by Bennett Law Firm, LLC

Margaret Bennett, now the Chair of the Illinois Child Support Advisory Committee, was a major contributor of change in the Illinois Parentage Act in 2015, the first amendment to the Illinois parentage laws in over 30 years. The new act which went into effect January 1, 2016, was a complete rewrite of the Illinois parentage laws that reflect changes in cultural norms and reproductive technology.  Below is her article in the Illinois Bar Journal stating the much needed changes for Illinois residents.   illinois-bar-journal-ipa-2015  

Reprinted with permission of the Illinois Bar Journal, Vol. 103 #12, December 2015. Copyright by the Illinois State Bar Association. www.isba.org

Presenting the Parentage Act of 2015 Effective January 1, 2016

Posted on by Bennett Law Firm, LLC

On October 1, 2015, Margaret A. Bennett was a speaker at the James R. Thompson Center Auditorium in Chicago, Illinois, regarding the new Parentage Act of 2015 which will be in effect beginning January 1, 2016.

You can see the video of Ms. Bennett’s presentation and read the summary or the full Parentage Act here: Navigating the New IMDMA & Parentage Act

Dramatic Changes with New Spousal Maintenance Guidelines: House Bill 1452

Posted on by Bennett Law Firm, LLC

Beginning January 1, 2015, a new spousal maintenance statute, Public Act 98-961, will become effective for divorcing couples with a combined gross income of $250,000 or less. The new spousal maintenance legislation contains guidelines for the amount and duration of spousal maintenance. These guidelines are based on each party’s gross income and the length of the marriage.

Prior to the court implementing the spousal maintenance guidelines, the court must first consider if a maintenance award is appropriate by considering various factors listed in the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), including but not limited to, “the income and property of each party, then needs of each party, the present and future earning capacity of each party…the standard of living established during the marriage, the duration of the marriage, the age and the physical and emotional condition of both parties…”. Determining the Amount of Maintenance under the New Guidelines

Once the court has decided that a party is entitled to spousal maintenance, the court will then apply the new spousal maintenance guidelines outlined in Pub. Act 98-961 which set forth a simple formula to determine the appropriate amount of maintenance. The amount of spousal maintenance is determined by “taking 30% of the payor’s gross income minus 20% of the payee’s gross income”. The total maintenance award shall not exceed 40% of the parties’ combined gross yearly incomes. Determining the Duration of Maintenance under the New Guidelines

When determining the duration of spousal maintenance under the new guidelines, the length of the marriage is paramount, with sizeable increases in the duration of maintenance occurring for marriages lasting more than 5, 10, 15, or 20 years. The new statute determines the duration of spousal maintenance by multiplying the length of the marriage as follows:

Length of Marriage              Multiplier

0 – 5 years                               .20

5 – 10 years                             .40

10 – 15 years                           .60

15 – 20 years                           .80

For marriages lasting 20 years or more, the new guidelines in Pub. Act 98-961 recommend “permanent maintenance, or maintenance equal to the duration of the marriage”.

As stated in the Illinois Bar Journal Vol. 103, No. 1, entitled The New Illinois Spousal Maintenance Law: Retroactive or Prospective, it is important to note that judges are not required to use this formula in determining the amount of a maintenance award; however, if the judge does not use the formula, he or she “must make a finding explaining” his or her refusal.

A major concern for family law attorneys is whether or not Pub. Act 98-961 will be applied retroactively. While Pub. Act 98-961 applies to all maintenance awards entered after January 1, 2015, it is unclear what effect it will have on maintenance that was awarded prior to its enactment, specifically its effect on maintenance modification orders entered with the court after January 1, 2015.

The new maintenance guidelines promise to significantly impact the way spousal maintenance awards are negotiated and litigated. Keep in mind that Illinois laws are constantly changing. For example, House Bill 1452 will be reintroduced to the House of Representatives in January 2015. House Bill 1452 is already considered a major revision to the current IMDMA with its significant changes to the 38-year-old law. Contact Bennett Law Firm, LLC today to set up a consultation and see how House Bill 1452 can have an effect on your divorce.