In 2025 amendments to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) are set to take effect, bringing many changes to Illinois’ legal area of family law. Whether you’re considering marriage, in the process of a divorce, or involved in matters of child custody, understanding these updates is important.
Maintenance Accrues During Incarceration
The 2025 Amendments eliminate the provision that no maintenance accrues while a party is imprisoned including when incarcerated for failing to comply with court orders. With this change, arrears may accumulate during incarceration, adding a new layer of responsibility for those subject to maintenance orders.
New Requirements for the Imputation of Income regarding Unemployed or Underemployed Parents
Courts now have stricter requirements before they can impute income—assigning earning potential to a parent who is unemployed or underemployed. Specifically, courts must conduct a formal evidentiary hearing or have the parties agree before imputing income. The goal is to ensure a more thorough and fair evaluation of each parent’s financial situation. The Court before imputing income must consider the local job market, the availability of local employers willing to hire a parent, prevailing earning levels in the local community and other factors. If a Court does impute income, it must have written findings of fact for the imputation of income.
Counseling Orders and Confidentiality
When counseling is court-ordered for families or individuals, the sessions are now governed by confidentiality standards under the Mental Health and Developmental Disabilities Confidentiality Act and the Federal Health Insurance Portability and Accountability Act (HIPAA). The new amendments remove previous guarantees of absolute confidentiality. Communications from court-ordered counseling may now be considered in certain legal proceedings, adding a new layer of complexity to these sessions. Families engaging in counseling as part of a legal process should be aware of this change to ensure they understand how their communications could potentially be used and how best to protect their rights.
2025 Defines How Distance is Measured in Relocation Cases
The definition of “relocation” is another area of change. Distance will now be measured using an internet mapping service, with the shortest route among multiple options as the standard. The Distance in terms of “as the crow flies” is no longer an available argument. Relocation laws apply when a parent with more than 50% of parenting time moves. These laws are very specific and you should consult with counsel if you plan to move more than 25 miles from your residence if you live in Cook County or a County adjacent to Cook County, Illinois.
Allocation Judgments are Final Order Only When a Divorce Action is Pending
Parenting plans or allocation judgments will become void if the underlying dissolution of marriage action is dismissed. However, these plans remain final and enforceable so long as your divorce matter is an active case and after the divorce is finalized. But, if the divorce is dismissed, then the allocation judgment is void and unenforceable.
What These Changes Mean for You
The 2025 amendments aim to, balance fairness, efficiency, and the unique needs of today’s families. Whether you’re facing a divorce, working through parenting arrangements, or preparing for marriage, understanding these updates is key to navigating your legal journey.
At Sterk Family Law, we pride ourselves on staying ahead of legislative changes to provide the best possible guidance for our clients. If you have questions about how the 2025 amendments may impact your situation, our team is here to help.
Reach out today to schedule a consultation and ensure you’re prepared for the legal changes ahead.