In January of 2025, amendments to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) went into effect, bringing many changes to family law in Illinois’ legal system. It does not matter if you are a party to a divorce, involved in matters of child custody, or simply considering marriage, an understanding of these updates is important.
Incarceration Does Not Prevent Maintenance from Accruing
This new amendment to the IMDMA has removed language which provided that no maintenance shall accrue while a party is imprisoned. This change means that arrears may accumulate during incarceration.
Imputing Income for Underemployed or Unemployed Parents
While a court may still impute income to parents who are underemployed or unemployed for purposes of child support there are new requirements for a Court to do so. The court must conduct an evidentiary hearing or there must be an agreement from the parties before a court may impute income for these purposes. The court must also include specific written findings that identify the basis or bases for imputing income under the factors in the statute. Another important factor that changed in this area is that incarceration may no longer be considered voluntary unemployment for child support purposes, in establishing or modifying the support.
How Distance is Measured for Relocation
As of 2025, there has been clarification for relocation distance and using internet mapping services to figure out the distance. Distance will now be measured with an internet mapping service using surface roads. However, it has also been added that if that internet mapping service offers alternative routes, the alternative route with the shortest distance shall be used.
Parenting Plans and Allocation Judgments are Final Orders if the Underlying Action is not Dismissed
If a parenting plan or allocation judgment is approved or entered by the court, it is considered final for purposes of modification or appeals so long as the underlying action remains pending. If the underlying action is dismissed after the parenting plan or allocation judgment has been entered or approved, they are considered void and unenforceable.
Confidentiality when Counseling is Ordered
If the court orders the parties to participate in individual or family counseling, the sessions are now governed by the confidentiality standards laid out in the Mental Health and Developmental Disabilities Confidentiality Act and the federal Health Insurance Portability and Accountability Act (HIPAA). The previous language allowed for complete confidentiality in these sessions, but that is changing. In certain legal proceedings, conversations and communications from court-ordered counseling may be considered. This can add a new layer of difficulty to these counseling sessions, and it is important that families who may be ordered to partake in these sessions are aware of these new confidentiality standards.
