Construction

Construction

___Mandatory Provision
   Subsection (a) of this section is permissive and allows the trial court to exercise its discretion in modifying maintenance or support, while subsection (b) of this section is mandatory and flatly states that the obligation to pay maintenance is terminated by the resident, continuing conjugal cohabitation of the recipient with another person.  In re McGowans

___With Supreme Court Rules
   Rule 296, Supreme Court Rules, does not authorize the court to ignore 750 ILCS 5/505 or this section, but merely provides an additional tool for the court to use in fairly resolving child-support disputes.  In re Fink

Default/Vesting Date
   Each support or maintenance payment is vested on the date it becomes due, this date becoming the default/vesting date, which is important for: (1) calculating the total arrearage, (2) calculating the interest owed, if any (3) an indicator or factor in determining whether the conduct was willful or contumacious, and (4) calculating attorney fees under section 508 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/508).  In re Hardy

Back to 750 ILCS 5/510 Home Page