HB1889 amends the Illinois Marriage and Dissolution of Marriage Act’s child support provisions to clarify that gifts received by a parent are not counted as that parent’s “gross income” for child support calculations. The bill defines the excluded gift broadly as a voluntary transfer of property, including money, that is completely free of repayment or obligation while both the giver and the parent are still alive. In practical terms, this would prevent courts from treating bona fide gifts from family members or others as income available for child support purposes.
The bill is narrowly targeted at Section 505 of the Act, which governs child support calculations, income definitions, and related enforcement rules. By carving gifts out of gross income, it would affect how courts and the Illinois Department of Healthcare and Family Services calculate support obligations, potentially lowering support amounts in cases where a parent receives substantial gifts. It does not change the broader child support framework, enforcement tools, or the existing treatment of wages, business income, maintenance, public benefits, or other specified income sources.
Impact
HB1889 would amend a single statutory definition within 750 ILCS 5/505 by adding gifts to the list of items excluded from a parent’s gross income for child support purposes. That change would directly affect child support worksheets, guideline calculations, and judicial findings in dissolution, separation, civil union dissolution, and support-modification cases. The practical impact would fall on parents who receive gifts, the other parent in support proceedings, and courts applying the child support guidelines, while leaving the rest of the child support enforcement and collection scheme intact.
Sentiment
No committee transcript or vote record was provided, so there is no documented legislative debate or recorded sentiment in the materials supplied. Based on the bill text and caption, the measure appears to be a technical family-law clarification focused on child support income calculations rather than a broad policy overhaul. The absence of recorded opposition or support makes the overall sentiment indeterminate from the available context.
Contention
The main point of contention is likely whether gifts should be treated as available resources for child support. Supporters would likely argue that gifts are not reliable, earned income and should not automatically inflate support obligations, while opponents could argue that recurring or substantial gifts can function like income and should be considered when determining a parent’s ability to pay. The bill’s broad definition of excluded gifts may also raise questions about how courts distinguish true gifts from informal support, family transfers, or disguised income.