Permament Maintenance

750 ILCS 5/504 provides for maintenance, 750 ILCS 5/503 provides for a settlement in lieu of maintenance, and 750 ILCS 5/510 provides for a modification of the judgment.  Under these provisions the court has broad discretion to order either the husband or the wife to pay maintenance and support on proper evidence.  Payments may be made monthly for an indefinite period, or the court may order either party to convey real or personal property in gross or by installments over a definite period as settlement in lieu of maintenance.  If the circumstances of a particular case require it, the court may order either party to give security for the performance of the maintenance payments as ordered by the court as well as the completion of a property award or settlement. 750 ILCS 5/703.

If the party to receive support is a recipient of Illinois public aid, the court may direct the party paying support to make the payments directly to the appropriate department.  750 ILCS 5/704.

Unless there has been an express waiver or judicial finding that maintenance is to be denied, the court retains continuing jurisdiction for purposes of maintenance.  It may grant maintenance, even after judgment in the initial court proceedings, or may amend or terminate maintenance.  What action the court will take will depend on the evidence presented and whether the court has appropriate jurisdiction over the parties.  750 ILCS 5/504, 5/510.

If a change of the original maintenance order is sought, the petitioning party must establish by competent evidence a change of circumstances of either party.  750 ILCS 5/510.

If the party directed to pay support refuses, the party who is to receive support may apply for contempt sanctions as well as for the imposition of a payroll withholding order.  In addition, the court may order suspension of the offending party’s Illinois driving privileges until he or she is in compliance with an order of support.  750 ILCS 5/505, 5/706.1.  If the court should see fit to imprison the nonpaying party, no additional maintenance or support money accrues while the nonpaying party is imprisoned.  750 ILCS 5/504(d).  See 625 ILCS 5/7-702 (Family Financial Responsibility Law, 625 ILCS5/7-701 through 5/7-708); 750 ILCS16/1 – 16/70 (Non-Support Punishment Act); and 750 ILCS 28/1 – 28/60 (Income Withholding for Support Act).

NOTE: The Income Withholding for Support Act, which became effective January 1, 1999, consolidated into a single statute the lengthy and nearly identical provisions for income withholding for support that were formerly contained in §§10 – 16.2 of the Public Aid Code, §706.1 of the IMDMA, §4.1 of the Non-Support of Spouse and Children Act (now the Non-Support Punishment Act), and §20 of the Parentage Act.  This statute was passed as a continuation of legislation consolidation, and the consolidation is not intended to make any substantive change in the law or to affect any order issued under any of the consolidated provisions.

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