HB3584 amends the Illinois Marriage and Dissolution of Marriage Act to add a new notice requirement for child support obligors. Under the bill, a parent who pays child support must provide annual written notice to the other parent if the obligor’s adjusted net income increased by 10% or more on the most recent federal tax return. The bill is aimed at making income increases more transparent so that child support orders can be revisited when a paying parent’s financial circumstances improve.
If the obligor does not provide the required notice, and the obligee later files a petition to modify child support, the court must treat that failure as a substantial change in circumstances. The bill also requires the court to award the obligee attorney’s fees and costs associated with bringing the petition. The amendment applies prospectively to federal tax returns filed on or after the act’s effective date, and it takes effect immediately.
Impact
The bill would amend Section 510 of the Illinois Marriage and Dissolution of Marriage Act, which governs modification of child support and related family-law orders. It adds a new statutory duty for child support payors to disclose significant income increases and creates a specific legal consequence for failing to do so: the omission itself becomes a basis for finding a substantial change in circumstances and for shifting attorney’s fees and costs to the non-notifying obligor. This would likely make child support modification petitions easier for receiving parents to pursue when the paying parent’s income rises.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill text and caption, the measure appears to be framed as a child-support enforcement and fairness bill, with an emphasis on ensuring that support reflects increased income. The overall tone of the proposal is procedural and remedial rather than expansive, suggesting a policy goal of improving disclosure and compliance in family-court cases.
Contention
The main point of potential contention is the mandatory nature of the notice requirement and the automatic legal consequence for noncompliance. Supporters would likely view the bill as promoting transparency and helping children benefit when a parent’s income rises, while opponents might argue that it creates a new reporting burden, could trigger litigation over what counts as a 10% increase in adjusted net income, and may expose obligors to fee awards even where the omission was inadvertent. Another possible issue is whether the bill effectively changes the standard for modification by treating failure to notify as a substantial change in circumstances.