97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB6192

 

Introduced , by Rep. Kelly Burke

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act to abolish actions for alienation of affections, breach of promise to marry, and criminal conversation, changes the short titles of those Acts, amends the Code of Civil Procedure to make a conforming change, and contains findings. Amends the Illinois Marriage and Dissolution of Marriage Act by making changes regarding: construction of the Act; venue; pleadings; solemnization of marriage; offenses involving issuance of licenses; grounds for dissolution of marriage; judgments for legal separation; mediation; costs of educational sessions; hearings on default; filing of a praecipe for summons; time for entering judgments; simplified dissolution procedure; temporary relief; dissolution action stays; agreements; disposition of property and debts; child support; attorney's fees; modification of provisions of judgments; educational expenses; support for disabled children who have attained majority; custody proceedings, hearings, and orders; allocation and restriction of parental responsibilities; parenting plans; interviews and evaluations of children; enforcement of allocated parenting time; parental relocation; applicability; repeal of various provisions; and other matters. Amends the Intergovernmental Missing Child Recovery Act of 1984, the Code of Criminal Procedure of 1963, the Illinois Domestic Violence Act of 1986, and the Probate Act of 1975 to make conforming changes.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. HEART BALM ACTIONS

 
5    Section 1-1. Findings. The majority of states have
6abolished heart balm actions. In Illinois, heart balm actions
7for alienation of affections, breach of promise to marry, and
8criminal conversation were permitted under the common law
9before the abolition of those causes of action by "An Act in
10relation to certain causes of action conducive to extortion and
11blackmail, and to declare illegal, contracts and Acts made and
12done in pursuance thereof", filed May 4, 1935, Laws 1935, p.
13716. The Illinois Supreme Court held, in Heck v. Schupp, 394
14Ill. 296 (1946), that the 1935 Act was unconstitutional and
15that the abolition of heart balm actions would infringe upon
16the rights of parties to remedies under Section 19 of Article
17II of the 1870 Constitution. (Section 12 of Article I of the
181970 Constitution is similar to the relevant portion of Section
1919 of Article II of the 1870 Constitution.) Since 1947, heart
20balm actions have been permitted with limited damages under the
21Alienation of Affections Act, the Breach of Promise Act, and
22the Criminal Conversation Act.
23    Society has since recognized that the amicable settlement

 

 

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1of domestic relations disputes is beneficial. In 1977, the
2Illinois Marriage and Dissolution of Marriage Act became the
3law of this State. As stated in Section 102 of that Act, among
4its underlying purposes are: promoting the amicable settlement
5of disputes that have arisen between parties to a marriage;
6mitigating the potential harm to the spouses and their children
7caused by the process of legal dissolution of marriage; and
8eliminating the consideration of marital misconduct in the
9adjudication of rights and duties incident to the legal
10dissolution of marriage, legal separation and declaration of
11invalidity of marriage. Heart balm actions are inconsistent
12with these purposes.
13    Society has also realized that women and men should have
14equal rights under the law. Heart balm actions are rooted in
15the now-discredited notion that men and women are unequal.
16    Although the Alienation of Affections Act, the Breach of
17Promise Act, and the Criminal Conversation Act represent
18attempts to ameliorate some of the more odious consequences of
19heart balm actions, the General Assembly finds that actions for
20alienation of affections, breach of promise to marry, and
21criminal conversation are contrary to the public policy of this
22State and those causes of action should be abolished.
 
23    Section 1-5. The Code of Civil Procedure is amended by
24changing Section 13-202 as follows:
 

 

 

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1    (735 ILCS 5/13-202)  (from Ch. 110, par. 13-202)
2    Sec. 13-202. Personal injury - Penalty. Actions for damages
3for an injury to the person, or for false imprisonment, or
4malicious prosecution, or for a statutory penalty, or for
5abduction, or for seduction, or for criminal conversation that
6may proceed pursuant to subsection (a) of Section 7.1 of the
7Criminal Conversation Abolition Act, except damages resulting
8from first degree murder or the commission of a Class X felony
9and the perpetrator thereof is convicted of such crime, shall
10be commenced within 2 years next after the cause of action
11accrued but such an action against a defendant arising from a
12crime committed by the defendant in whose name an escrow
13account was established under the "Criminal Victims' Escrow
14Account Act" shall be commenced within 2 years after the
15establishment of such account. If the compelling of a
16confession or information by imminent bodily harm or threat of
17imminent bodily harm results in whole or in part in a criminal
18prosecution of the plaintiff, the 2-year period set out in this
19Section shall be tolled during the time in which the plaintiff
20is incarcerated, or until criminal prosecution has been finally
21adjudicated in favor of the above referred plaintiff, whichever
22is later. However, this provision relating to the compelling of
23a confession or information shall not apply to units of local
24government subject to the Local Governmental and Governmental
25Employees Tort Immunity Act.
26(Source: P.A. 94-1113, eff. 1-1-08.)
 

 

 

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1    Section 1-10. The Alienation of Affections Act is amended
2by changing the title of the Act and Section 0.01 and by adding
3Section 7.1 as follows:
 
4    (740 ILCS 5/Act title)
5An Act relating to the damages recoverable in actions for
6alienation of affections.
 
7    (740 ILCS 5/0.01)  (from Ch. 40, par. 1900)
8    Sec. 0.01. Short title. This Act may be cited as the
9Alienation of Affections Abolition Act.
10(Source: P.A. 86-1324.)
 
11    (740 ILCS 5/7.1 new)
12    Sec. 7.1. Abolition; effect of repeal.
13    (a) This amendatory Act of the 97th General Assembly does
14not apply to any cause of action that accrued under Sections 1
15through 7 of this Act before their repeal, and a timely action
16brought under those Sections shall be decided in accordance
17with those Sections as they existed when the cause of action
18accrued.
19    (b) An action may not be brought for alienation of
20affections based on facts occurring on or after the effective
21date of this amendatory Act of the 97th General Assembly.
 

 

 

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1    (740 ILCS 5/1 rep.)
2    (740 ILCS 5/2 rep.)
3    (740 ILCS 5/3 rep.)
4    (740 ILCS 5/4 rep.)
5    (740 ILCS 5/5 rep.)
6    (740 ILCS 5/6 rep.)
7    (740 ILCS 5/7 rep.)
8    Section 1-15. The Alienation of Affections Act is amended
9by repealing Sections 1, 2, 3, 4, 5, 6, and 7.
 
10    Section 1-20. The Breach of Promise Act is amended by
11changing Section 0.01 and by adding Section 10.1 as follows:
 
12    (740 ILCS 15/0.01)  (from Ch. 40, par. 1800)
13    Sec. 0.01. Short title. This Act may be cited as the Breach
14of Promise Abolition Act.
15(Source: P.A. 86-1324.)
 
16    (740 ILCS 15/10.1 new)
17    Sec. 10.1. Abolition; effect of repeal.
18    (a) This amendatory Act of the 97th General Assembly does
19not apply to any cause of action that accrued under Sections 1
20through 10 of this Act before their repeal, and a timely action
21brought under those Sections shall be decided in accordance
22with those Sections as they existed when the cause of action
23accrued.

 

 

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1    (b) An action may not be brought for breach of promise or
2agreement to marry based on facts occurring on or after the
3effective date of this amendatory Act of the 97th General
4Assembly.
 
5    (740 ILCS 15/1 rep.)
6    (740 ILCS 15/2 rep.)
7    (740 ILCS 15/3 rep.)
8    (740 ILCS 15/4 rep.)
9    (740 ILCS 15/5 rep.)
10    (740 ILCS 15/6 rep.)
11    (740 ILCS 15/7 rep.)
12    (740 ILCS 15/8 rep.)
13    (740 ILCS 15/9 rep.)
14    (740 ILCS 15/10 rep.)
15    Section 1-25. The Breach of Promise Act is amended by
16repealing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
 
17    Section 1-30. The Criminal Conversation Act is amended by
18changing the title of the Act and Section 0.01 and by adding
19Section 7.1 as follows:
 
20    (740 ILCS 50/Act title)
21An Act relating to the damages recoverable in actions for
22criminal conversation.
 

 

 

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1    (740 ILCS 50/0.01)  (from Ch. 40, par. 1950)
2    Sec. 0.01. Short title. This Act may be cited as the
3Criminal Conversation Abolition Act.
4(Source: P.A. 86-1324.)
 
5    (740 ILCS 50/7.1 new)
6    Sec. 7.1. Abolition; effect of repeal.
7    (a) This amendatory Act of the 97th General Assembly does
8not apply to any cause of action that accrued under Sections 1
9through 7 of this Act before their repeal, and a timely action
10brought under those Sections shall be decided in accordance
11with those Sections as they existed when the cause of action
12accrued.
13    (b) An action may not be brought for criminal conversation
14based on facts occurring on or after the effective date of this
15amendatory Act of the 97th General Assembly.
 
16    (740 ILCS 50/1 rep.)
17    (740 ILCS 50/2 rep.)
18    (740 ILCS 50/3 rep.)
19    (740 ILCS 50/4 rep.)
20    (740 ILCS 50/5 rep.)
21    (740 ILCS 50/6 rep.)
22    (740 ILCS 50/7 rep.)
23    Section 1-35. The Criminal Conversation Act is amended by
24repealing Sections 1, 2, 3, 4, 5, 6, and 7.
 

 

 

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1
ARTICLE 5. OTHER AMENDATORY PROVISIONS

 
2    Section 5-5. The Intergovernmental Missing Child Recovery
3Act of 1984 is amended by changing Section 7.1 as follows:
 
4    (325 ILCS 40/7.1)  (from Ch. 23, par. 2257.1)
5    Sec. 7.1. In addition to any requirement of Section 601.2
6601 or 611 of the Illinois Marriage and Dissolution of Marriage
7Act or applicable provisions of the Uniform Child-Custody
8Jurisdiction and Enforcement Act regarding a parental
9allocation custody proceeding of an out-of-state party, every
10court in this State, prior to granting or modifying a parental
11allocation custody judgment, shall inquire with LEADS and the
12National Crime Information Center to ascertain whether the
13child or children in question have been reported missing or
14have been involved in or are the victims of a parental or
15noncustodial abduction. Such inquiry may be conducted with any
16law enforcement agency in this State that maintains a LEADS
17terminal or has immediate access to one on a 24-hour-per-day,
187-day-per-week basis through a written agreement with another
19law enforcement agency.
20(Source: P.A. 93-108, eff. 1-1-04.)
 
21    Section 5-10. The Code of Criminal Procedure of 1963 is
22amended by changing Section 112A-23 as follows:
 

 

 

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1    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
2    Sec. 112A-23. Enforcement of orders of protection.
3    (a) When violation is crime. A violation of any order of
4protection, whether issued in a civil, quasi-criminal
5proceeding, shall be enforced by a criminal court when:
6        (1) The respondent commits the crime of violation of an
7    order of protection pursuant to Section 12-3.4 or 12-30 of
8    the Criminal Code of 1961, by having knowingly violated:
9            (i) remedies described in paragraphs (1), (2),
10        (3), (14), or (14.5) of subsection (b) of Section
11        112A-14,
12            (ii) a remedy, which is substantially similar to
13        the remedies authorized under paragraphs (1), (2),
14        (3), (14) or (14.5) of subsection (b) of Section 214 of
15        the Illinois Domestic Violence Act of 1986, in a valid
16        order of protection, which is authorized under the laws
17        of another state, tribe or United States territory,
18            (iii) or any other remedy when the act constitutes
19        a crime against the protected parties as defined by the
20        Criminal Code of 1961.
21    Prosecution for a violation of an order of protection shall
22not bar concurrent prosecution for any other crime, including
23any crime that may have been committed at the time of the
24violation of the order of protection; or
25        (2) The respondent commits the crime of child abduction

 

 

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1    pursuant to Section 10-5 of the Criminal Code of 1961, by
2    having knowingly violated:
3            (i) remedies described in paragraphs (5), (6) or
4        (8) of subsection (b) of Section 112A-14, or
5            (ii) a remedy, which is substantially similar to
6        the remedies authorized under paragraphs (1), (5),
7        (6), or (8) of subsection (b) of Section 214 of the
8        Illinois Domestic Violence Act of 1986, in a valid
9        order of protection, which is authorized under the laws
10        of another state, tribe or United States territory.
11    (b) When violation is contempt of court. A violation of any
12valid order of protection, whether issued in a civil or
13criminal proceeding, may be enforced through civil or criminal
14contempt procedures, as appropriate, by any court with
15jurisdiction, regardless where the act or acts which violated
16the order of protection were committed, to the extent
17consistent with the venue provisions of this Article. Nothing
18in this Article shall preclude any Illinois court from
19enforcing any valid order of protection issued in another
20state. Illinois courts may enforce orders of protection through
21both criminal prosecution and contempt proceedings, unless the
22action which is second in time is barred by collateral estoppel
23or the constitutional prohibition against double jeopardy.
24        (1) In a contempt proceeding where the petition for a
25    rule to show cause sets forth facts evidencing an immediate
26    danger that the respondent will flee the jurisdiction,

 

 

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1    conceal a child, or inflict physical abuse on the
2    petitioner or minor children or on dependent adults in
3    petitioner's care, the court may order the attachment of
4    the respondent without prior service of the rule to show
5    cause or the petition for a rule to show cause. Bond shall
6    be set unless specifically denied in writing.
7        (2) A petition for a rule to show cause for violation
8    of an order of protection shall be treated as an expedited
9    proceeding.
10    (c) Violation of custody, allocation of parental
11responsibility, or support orders. A violation of remedies
12described in paragraphs (5), (6), (8), or (9) of subsection (b)
13of Section 112A-14 may be enforced by any remedy provided by
14Section 607.5 611 of the Illinois Marriage and Dissolution of
15Marriage Act. The court may enforce any order for support
16issued under paragraph (12) of subsection (b) of Section
17112A-14 in the manner provided for under Parts V and VII of the
18Illinois Marriage and Dissolution of Marriage Act.
19    (d) Actual knowledge. An order of protection may be
20enforced pursuant to this Section if the respondent violates
21the order after respondent has actual knowledge of its contents
22as shown through one of the following means:
23        (1) By service, delivery, or notice under Section
24    112A-10.
25        (2) By notice under Section 112A-11.
26        (3) By service of an order of protection under Section

 

 

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1    112A-22.
2        (4) By other means demonstrating actual knowledge of
3    the contents of the order.
4    (e) The enforcement of an order of protection in civil or
5criminal court shall not be affected by either of the
6following:
7        (1) The existence of a separate, correlative order
8    entered under Section 112A-15.
9        (2) Any finding or order entered in a conjoined
10    criminal proceeding.
11    (f) Circumstances. The court, when determining whether or
12not a violation of an order of protection has occurred, shall
13not require physical manifestations of abuse on the person of
14the victim.
15    (g) Penalties.
16        (1) Except as provided in paragraph (3) of this
17    subsection, where the court finds the commission of a crime
18    or contempt of court under subsections (a) or (b) of this
19    Section, the penalty shall be the penalty that generally
20    applies in such criminal or contempt proceedings, and may
21    include one or more of the following: incarceration,
22    payment of restitution, a fine, payment of attorneys' fees
23    and costs, or community service.
24        (2) The court shall hear and take into account evidence
25    of any factors in aggravation or mitigation before deciding
26    an appropriate penalty under paragraph (1) of this

 

 

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1    subsection.
2        (3) To the extent permitted by law, the court is
3    encouraged to:
4            (i) increase the penalty for the knowing violation
5        of any order of protection over any penalty previously
6        imposed by any court for respondent's violation of any
7        order of protection or penal statute involving
8        petitioner as victim and respondent as defendant;
9            (ii) impose a minimum penalty of 24 hours
10        imprisonment for respondent's first violation of any
11        order of protection; and
12            (iii) impose a minimum penalty of 48 hours
13        imprisonment for respondent's second or subsequent
14        violation of an order of protection
15    unless the court explicitly finds that an increased penalty
16    or that period of imprisonment would be manifestly unjust.
17        (4) In addition to any other penalties imposed for a
18    violation of an order of protection, a criminal court may
19    consider evidence of any violations of an order of
20    protection:
21            (i) to increase, revoke or modify the bail bond on
22        an underlying criminal charge pursuant to Section
23        110-6;
24            (ii) to revoke or modify an order of probation,
25        conditional discharge or supervision, pursuant to
26        Section 5-6-4 of the Unified Code of Corrections;

 

 

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1            (iii) to revoke or modify a sentence of periodic
2        imprisonment, pursuant to Section 5-7-2 of the Unified
3        Code of Corrections.
4(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
 
5    Section 5-15. The Illinois Marriage and Dissolution of
6Marriage Act is amended by changing Sections 102, 104, 105,
7107, 209, 219, 401, 402, 403, 404, 404.1, 405, 409, 411, 413,
8452, 453, 501, 501.1, 502, 503, 504, 505, 505.1, 508, 510, 512,
9and 513 and the heading of Part VI and by adding Sections
10513.5, 600, 601.2, 602.5, 602.7, 602.10, 603.5, 603.10, 604.10,
11606.5, 606.10, 607.5, 609.2, 610.5, and 612 as follows:
 
12    (750 ILCS 5/102)  (from Ch. 40, par. 102)
13    Sec. 102. Purposes; Rules of Construction. This Act shall
14be liberally construed and applied to promote its underlying
15purposes, which are to:
16    (1) provide adequate procedures for the solemnization and
17registration of marriage;
18    (2) strengthen and preserve the integrity of marriage and
19safeguard family relationships;
20    (3) promote the amicable settlement of disputes that have
21arisen between parties to a marriage;
22    (4) mitigate the potential harm to the spouses and their
23children caused by the process of an action brought under this
24Act, and protect children from exposure to conflict and

 

 

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1violence legal dissolution of marriage;
2    (5) ensure predictable decision-making for the care of
3children and for the allocation of parenting time and other
4parental responsibilities, and avoid prolonged uncertainty by
5expeditiously resolving issues involving children;
6    (6) recognize the right of children to a healthy
7relationship with parents, and the responsibility of parents to
8ensure such a relationship;
9    (7) acknowledge that the determination of children's best
10interests, and the allocation of parenting time and significant
11decision-making responsibilities, are among the paramount
12responsibilities of our system of justice, and to that end:
13        (A) recognize children's right to a strong and healthy
14    relationship with parents, and parents' concomitant right
15    and responsibility to create and maintain such
16    relationships;
17        (B) recognize that, in the absence of domestic violence
18    or any other factor that the court expressly finds to be
19    relevant, proximity to, and frequent contact with, both
20    parents promotes healthy development of children;
21        (C) facilitate parental planning and agreement about
22    the children's upbringing and allocation of parenting time
23    and other parental responsibilities;
24        (D) continue existing parent-child relationships, and
25    secure the maximum involvement and cooperation of parents
26    regarding the physical, mental, moral, and emotional

 

 

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1    well-being of the children during and after the litigation;
2        (E) recognize that the involvement of each parent for
3    not less than 35% residential parenting time is
4    presumptively in the children's best interest; and
5        (F) promote or order parents to participate in programs
6    designed to educate parents to:
7            (i) minimize or eliminate rancor and the
8        detrimental effect of litigation in any proceeding
9        involving children; and
10            (ii) facilitate the maximum cooperation of parents
11        in raising their children;
12    (8) (5) make reasonable provision for support spouses and
13minor children during and after an underlying action for
14dissolution of marriage litigation, including provision for
15timely advances awards of interim fees and costs to all
16attorneys, experts, and opinion witnesses including guardians
17ad litem and children's representatives, to achieve
18substantial parity in parties' access to funds for pre-judgment
19litigation costs in an action for dissolution of marriage;
20    (9) (6) eliminate the consideration of marital misconduct
21in the adjudication of rights and duties incident to the legal
22dissolution of marriage, legal separation and declaration of
23invalidity of marriage; and
24    (7) secure the maximum involvement and cooperation of both
25parents regarding the physical, mental, moral and emotional
26well-being of the children during and after the litigation; and

 

 

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1    (10) (8) make provision for the preservation and
2conservation of marital assets during the litigation.
3(Source: P.A. 89-712, eff. 6-1-97.)
 
4    (750 ILCS 5/104)  (from Ch. 40, par. 104)
5    Sec. 104. Venue.) The proceedings shall be had in the
6county where the plaintiff or defendant resides, except as
7otherwise provided herein, but process may be directed to any
8county in the State. Objection to venue is barred if not made
9within such time as the defendant's response is due. In no
10event shall venue be deemed jurisdictional.
11    In any case brought pursuant to this Act where neither the
12petitioner nor respondent resides in the county in which the
13initial pleading is filed, the petitioner shall file with the
14initial pleading a written motion, which shall be set for
15hearing and ruled upon before any other issue is taken up,
16advising that the forum selected is not one of proper venue and
17seeking an appropriate order from the court allowing a waiver
18of the venue requirements of this Section.
19(Source: P.A. 82-716.)
 
20    (750 ILCS 5/105)  (from Ch. 40, par. 105)
21    Sec. 105. Application of Civil Practice Law.) (a) The
22provisions of the Civil Practice Law shall apply to all
23proceedings under this Act, except as otherwise provided in
24this Act.

 

 

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1    (b) A proceeding for dissolution of marriage, legal
2separation or declaration of invalidity of marriage shall be
3entitled "In re the Marriage of ... and ...". A custody or
4support proceeding shall be entitled "In re the (Custody)
5(Support) of ...".
6    (c) The initial pleading in all proceedings under this Act
7shall be denominated a petition. A responsive pleading shall be
8denominated a response. If new matter by way of defense is
9pleaded in the response, a reply may be filed by the
10petitioner, but the failure to reply is not an admission of the
11legal sufficiency of the new matter. All other pleadings under
12this Act shall be denominated as provided in the Civil Practice
13Law.
14(Source: P.A. 82-783.)
 
15    (750 ILCS 5/107)  (from Ch. 40, par. 107)
16    Sec. 107. Order of protection; status. Whenever relief is
17sought under Part V, Part VI or Part VII of this Act, the
18parties shall advise the court, before granting relief, shall
19determine whether any order of protection has previously been
20entered in the instant proceeding or any other proceeding in
21which any party, or a child of any party, or both, if relevant,
22has been designated as either a respondent or a protected
23person.
24(Source: P.A. 87-743.)
 

 

 

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1    (750 ILCS 5/209)  (from Ch. 40, par. 209)
2    Sec. 209. Solemnization and Registration.)
3    (a) A marriage may be solemnized by a judge of a court of
4record, by a retired judge of a court of record, unless the
5retired judge was removed from office by the Judicial Inquiry
6Board, except that a retired judge shall not receive any
7compensation from the State, a county or any unit of local
8government in return for the solemnization of a marriage and
9there shall be no effect upon any pension benefits conferred by
10the Judges Retirement System of Illinois, by a judge of the
11Court of Claims, by a county clerk in counties having 2,000,000
12or more inhabitants, by a public official whose powers include
13solemnization of marriages, or in accordance with the
14prescriptions of any religious denomination, Indian Nation or
15Tribe or Native Group, provided that when such prescriptions
16require an officiant, the officiant be in good standing with
17his religious denomination, Indian Nation or Tribe or Native
18Group. Either the person solemnizing the marriage, or, if no
19individual acting alone solemnized the marriage, both parties
20to the marriage, shall complete the marriage certificate form
21and forward it to the county clerk within 10 days after such
22marriage is solemnized.
23    (b) The solemnization of the marriage is not invalidated:
24(1) by the fact that the person solemnizing the marriage was
25not legally qualified to solemnize it, if a reasonable person
26would believe the person solemnizing the marriage to be so

 

 

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1qualified; if either party to the marriage believed him to be
2so qualified or (2) by the fact that the marriage was
3inadvertently solemnized in a county in Illinois other than the
4county where the license was issued and filed.
5    (c) Any marriage that meets the requirements of this
6Section shall be presumed valid.
7(Source: P.A. 95-775, eff. 1-1-09.)
 
8    (750 ILCS 5/219)  (from Ch. 40, par. 219)
9    Sec. 219. Offenses.) Any official issuing a license with
10knowledge that the parties are thus prohibited from marrying
11intermarrying and any person authorized to celebrate marriage
12who shall knowingly celebrate such a marriage shall be guilty
13of a Class B misdemeanor petty offense.
14(Source: P.A. 80-923.)
 
15    (750 ILCS 5/401)  (from Ch. 40, par. 401)
16    Sec. 401. Dissolution of marriage.
17    (a) The court shall enter a judgment of dissolution of
18marriage when if at the time the action was commenced one of
19the spouses was a resident of this State or was stationed in
20this State while a member of the armed services, and the
21residence or military presence had been maintained for 90 days
22next preceding the commencement of the action or the making of
23the finding and the following have been proven:
24    Irreconcilable differences have caused the irretrievable

 

 

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1breakdown of the marriage and the court determines that efforts
2at reconciliation have failed or that future attempts at
3reconciliation would be impracticable and not in the best
4interests of the family.
5    (a-5) If the parties are separated for 6 consecutive
6months, which period may commence prior to or after the filing
7of an action for dissolution of marriage under this Act, there
8will be an irrefutable presumption that the requirement of
9irreconcilable differences exists. ; provided, however, that a
10finding of residence of a party in any judgment entered under
11this Act from January 1, 1982 through June 30, 1982 shall
12satisfy the former domicile requirements of this Act; and if
13one of the following grounds for dissolution has been proved:
14        (1) That, without cause or provocation by the
15    petitioner: the respondent was at the time of such
16    marriage, and continues to be naturally impotent; the
17    respondent had a wife or husband living at the time of the
18    marriage; the respondent had committed adultery subsequent
19    to the marriage; the respondent has wilfully deserted or
20    absented himself or herself from the petitioner for the
21    space of one year, including any period during which
22    litigation may have pended between the spouses for
23    dissolution of marriage or legal separation; the
24    respondent has been guilty of habitual drunkenness for the
25    space of 2 years; the respondent has been guilty of gross
26    and confirmed habits caused by the excessive use of

 

 

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1    addictive drugs for the space of 2 years, or has attempted
2    the life of the other by poison or other means showing
3    malice, or has been guilty of extreme and repeated physical
4    or mental cruelty, or has been convicted of a felony or
5    other infamous crime; or the respondent has infected the
6    other with a sexually transmitted disease. "Excessive use
7    of addictive drugs", as used in this Section, refers to use
8    of an addictive drug by a person when using the drug
9    becomes a controlling or a dominant purpose of his life; or
10        (2) That the spouses have lived separate and apart for
11    a continuous period in excess of 2 years and irreconcilable
12    differences have caused the irretrievable breakdown of the
13    marriage and the court determines that efforts at
14    reconciliation have failed or that future attempts at
15    reconciliation would be impracticable and not in the best
16    interests of the family. If the spouses have lived separate
17    and apart for a continuous period of not less than 6 months
18    next preceding the entry of the judgment dissolving the
19    marriage, as evidenced by testimony or affidavits of the
20    spouses, the requirement of living separate and apart for a
21    continuous period in excess of 2 years may be waived upon
22    written stipulation of both spouses filed with the court.
23    At any time after the parties cease to cohabit, the
24    following periods shall be included in the period of
25    separation:
26            (A) any period of cohabitation during which the

 

 

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1        parties attempted in good faith to reconcile and
2        participated in marriage counseling under the guidance
3        of any of the following: a psychiatrist, a clinical
4        psychologist, a clinical social worker, a marriage and
5        family therapist, a person authorized to provide
6        counseling in accordance with the prescriptions of any
7        religious denomination, or a person regularly engaged
8        in providing family or marriage counseling; and
9            (B) any period of cohabitation under written
10        agreement of the parties to attempt to reconcile.
11    In computing the period during which the spouses have lived
12separate and apart for purposes of this Section, periods during
13which the spouses were living separate and apart prior to July
141, 1984 are included.
15    (b) Judgment shall not be entered unless, to the extent it
16has jurisdiction to do so, the court has considered, approved,
17reserved or made provision for child custody, the support of
18any child of the marriage entitled to support, the maintenance
19of either spouse and the disposition of property. The court
20shall may enter a judgment for dissolution that reserves any of
21these issues either upon (i) agreement of the parties, or (ii)
22motion of either party and a finding by the court that
23appropriate circumstances exist.
24    The death of a party subsequent to entry of a judgment for
25dissolution but before judgment on reserved issues shall not
26abate the proceedings.

 

 

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1    If any provision of this Section or its application shall
2be adjudged unconstitutional or invalid for any reason by any
3court of competent jurisdiction, that judgment shall not
4impair, affect or invalidate any other provision or application
5of this Section, which shall remain in full force and effect.
6(Source: P.A. 89-187, eff. 7-19-95.)
 
7    (750 ILCS 5/402)  (from Ch. 40, par. 402)
8    Sec. 402. Legal Separation.) (a) Any person living separate
9and apart from his or her spouse without fault may have a
10remedy for reasonable support and maintenance while they so
11live apart.
12    (b) Such action shall be brought in the circuit court of
13the county in which the respondent resides or in which the
14parties last resided together as husband and wife. In the event
15the respondent cannot be found within the State, the action may
16be brought in the circuit court of the county in which the
17petitioner resides. Commencement of the action, temporary
18relief and trials shall be the same as in actions for
19dissolution of marriage, except that temporary relief in an
20action for legal separation shall be limited to the relief set
21forth in items (i), (ii), (iii), and (iv) of subdivision (a)(2)
22of Section 501. If the court deems it appropriate to enter a
23judgment for legal separation, the court shall consider the
24factors in Section 504 in awarding maintenance. If the court
25deems it appropriate to enter a judgment for legal separation,

 

 

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1the court may approve a property settlement agreement that the
2parties have requested the court to incorporate into the
3judgment, subject to the following provisions:
4        (1) the court may not value or allocate property in the
5    absence of such an agreement;
6        (2) the court may disapprove such an agreement only if
7    it finds that the agreement is unconscionable; and
8        (3) such an agreement is final and non-modifiable.
9    (c) A proceeding or judgment for legal separation shall not
10bar either party from instituting an action for dissolution of
11marriage, and if the party so moving has met the requirements
12of Section 401, a judgment for dissolution shall be granted.
13Absent an agreement set forth in a separation agreement that
14provides for non-modifiable permanent maintenance, if a party
15to a judgment for legal separation files an action for
16dissolution of marriage, the issues of temporary and permanent
17maintenance shall be decided de novo.
18(Source: P.A. 82-716.)
 
19    (750 ILCS 5/403)  (from Ch. 40, par. 403)
20    Sec. 403. Pleadings - Commencement - Abolition of Existing
21Defenses - Procedure.)
22    (a) The complaint or petition for dissolution of marriage
23or legal separation shall be verified and shall minimally set
24forth:
25        (1) the age, occupation and residence of each party and

 

 

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1    his length of residence in this State;
2        (2) the date of the marriage and the place at which it
3    was registered;
4        (2.5) whether a petition for dissolution of marriage is
5    pending in any other county or state;
6        (3) that the jurisdictional requirements of subsection
7    (a) of Section 401 have been met and that irreconcilable
8    differences have caused the irretrievable breakdown of the
9    marriage; and that there exist grounds for dissolution of
10    marriage or legal separation. The petitioner need only
11    allege the name of the particular grounds relied upon,
12    which shall constitute a legally sufficient allegation of
13    the grounds; and the respondent shall be entitled to demand
14    a bill of particulars prior to trial setting forth the
15    facts constituting the grounds, if he so chooses. The
16    petition must also contain:
17        (4) the names, ages and addresses of all living
18    children of the marriage, and whether the wife is pregnant,
19    and, if the wife is pregnant, the name of the man whom the
20    wife believes to be the father of the unborn child or
21    children;
22        (5) any arrangements as to support, custody and
23    visitation of the children and maintenance of a spouse; and
24        (6) the relief sought.
25    (b) Either or both parties to the marriage may initiate the
26proceeding.

 

 

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1    (c) (Blank). The previously existing defense of
2recrimination is abolished. The defense of condonation is
3abolished only as to condonations occurring after a proceeding
4is filed under this Act and after the court has acquired
5jurisdiction over the respondent.
6    (d) The court may join additional parties necessary and
7proper for the exercise of its authority under this Act.
8    (e) Contested trials shall be on a bifurcated basis with
9the issue of whether irreconcilable differences have caused the
10irretrievable breakdown of the marriage, as described in
11Section 401, grounds being tried first, regardless of whether
12that issue is contested or uncontested. Upon the court
13determining that irreconcilable differences have caused the
14irretrievable breakdown of the marriage the grounds exist, the
15court may allow additional time for the parties to settle
16amicably the remaining issues before resuming the trial, or may
17proceed immediately to trial on the remaining issues. In cases
18where the requirements of Section 401 the grounds are
19uncontested and proved as in cases of default, the trial on all
20other remaining issues shall proceed immediately, if so ordered
21by the court or if the parties so stipulate, issue on the
22pleadings notwithstanding. The court shall enter a judgment of
23dissolution of marriage, including an order dissolving the
24marriage, incorporation of a marital settlement agreement if
25applicable, and any other appropriate findings or orders, only
26at the conclusion of the case and not after hearing only the

 

 

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1testimony as to whether irreconcilable differences have caused
2the irretrievable breakdown of the marriage.
3    (f) (Blank). Even if no bill of particulars shall have been
4filed demanding the specification of the particular facts
5underlying the allegation of the grounds, the court shall
6nonetheless require proper and sufficient proof of the
7existence of the grounds.
8(Source: P.A. 90-174, eff. 10-1-97.)
 
9    (750 ILCS 5/404)  (from Ch. 40, par. 404)
10    Sec. 404. Conciliation; mediation.
11    (a) If the court concludes that there is a prospect of
12reconciliation, the court, at the request of either party, or
13on its own motion, may order a conciliation conference. The
14conciliation conference and counseling shall take place at the
15established court conciliation service of that judicial
16district or at any similar service or facility where no court
17conciliation service has been established.
18    (b) The facts adduced at any conciliation conference
19resulting from a referral hereunder, shall not be considered in
20the adjudication of a pending or subsequent action, nor shall
21any report resulting from such conference become part of the
22record of the case unless the parties have stipulated in
23writing to the contrary.
24    The court, upon good cause shown, may prohibit
25conciliation, mediation or other process that requires the

 

 

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1parties to meet and confer without counsel.
2    (c) The fees or costs of mediation under this Section shall
3be borne by the parties and may be assessed by the court as it
4deems equitable without prejudice and are subject to
5reallocation at the conclusion of the case.
6(Source: P.A. 87-1255.)
 
7    (750 ILCS 5/404.1)  (from Ch. 40, par. 404.1)
8    Sec. 404.1. (a) In an action for dissolution of marriage
9involving minor children, or in a post-judgment proceeding
10involving minor children, the court may on its own motion order
11the parties, excluding the minor children, to attend an
12educational program concerning the effects of dissolution of
13marriage on the children, if the court finds that it would be
14in the best interests of the minor children. The program may be
15divided into sessions, which in the aggregate shall not exceed
164 hours in duration. The program shall be educational in nature
17and not designed for individual therapy.
18    (b) The facts adduced at any educational session resulting
19from a referral under this Section shall not be considered in
20the adjudication of a pending or subsequent action, nor shall
21any report resulting from such educational session become part
22of the record of the case unless the parties have stipulated in
23writing to the contrary.
24    (c) The fees or costs of educational sessions under this
25Section shall be borne by the parties and may be assessed by

 

 

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1the court as it deems equitable without prejudice and are
2subject to reallocation at the conclusion of the case.
3(Source: P.A. 86-288.)
 
4    (750 ILCS 5/405)  (from Ch. 40, par. 405)
5    Sec. 405. Hearing on Default - Notice.) If the respondent
6is in default, the court shall proceed to hear the cause upon
7testimony of petitioner taken in open court, and in no case of
8default shall the court grant a dissolution of marriage or
9legal separation or declaration of invalidity of marriage,
10unless the judge is satisfied that all proper means have been
11taken to notify the respondent of the pendency of the suit.
12Whenever the judge is satisfied that the interests of the
13respondent require it, the court may order such additional
14notice as may be required. All of the provisions of the Code of
15Civil Procedure relating to default hearings are applicable to
16hearings on default.
17(Source: P.A. 80-923.)
 
18    (750 ILCS 5/409)  (from Ch. 40, par. 409)
19    Sec. 409. Proof of Foreign Marriage.) A marriage which may
20have been celebrated or had in any foreign state or country,
21may be proved by the acknowledgment of the parties, their
22cohabitation, and other evidence. Certified copies of records
23of a marriage performed in any foreign state or country
24obtained from an embassy or consulate may be admitted as an

 

 

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1exception to the hearsay rule circumstantial testimony.
2(Source: P.A. 80-923.)
 
3    (750 ILCS 5/411)  (from Ch. 40, par. 411)
4    Sec. 411. Commencement of Action.) (a) Actions for
5dissolution of marriage or legal separation shall be commenced
6as in other civil cases or, at the option of petitioner, by
7filing a praecipe for summons with the clerk of the court and
8paying the regular filing fees, in which latter case, a
9petition shall be filed within 6 months thereafter, or any
10extension for good cause shown granted by the court.
11    (b) When a praecipe for summons is filed without the
12petition, the summons shall recite that petitioner has
13commenced suit for dissolution of marriage or legal separation
14and shall require the respondent to file his or her appearance
15not later than 30 days from the day the summons is served and
16to plead to the petitioner's petition within 30 days from the
17day the petition is filed.
18    Until a petition has been filed, the court, pursuant to
19subsections (c) and (d) herein, may dismiss the suit, order the
20filing of a petition, or grant leave to the respondent to file
21a petition in the nature of a counter petition.
22    After the filing of the petition, the party filing the same
23shall, within 2 days, serve a copy thereof upon the other
24party, in the manner provided by rule of the Supreme Court for
25service of notices in other civil cases.

 

 

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1    (c) Unless a respondent voluntarily files an appearance, a
2praecipe for summons filed without the petition shall be served
3on the respondent not later than 30 days after its issuance,
4and upon failure to obtain service upon the respondent within
5the 30 day period, or any extension for good cause shown
6granted by the court, the court shall dismiss the suit.
7    (d) An action for dissolution of marriage or legal
8separation commenced by the filing a praecipe for summons
9without the petition may shall be dismissed unless a petition
10for dissolution of marriage or legal separation has been filed
11within 6 months after the commencement of the action.
12    (e) The filing of a praecipe for summons under this Section
13constitutes the commencement of an action that serves as
14grounds for involuntary dismissal under subdivision (a)(3) of
15Section 2-619 of the Code of Civil Procedure of a subsequently
16filed petition for dissolution of marriage or legal separation
17in another county.
18(Source: P.A. 86-630.)
 
19    (750 ILCS 5/413)  (from Ch. 40, par. 413)
20    Sec. 413. Judgment.)
21    (a) A judgment of dissolution of marriage or of legal
22separation or of declaration of invalidity of marriage shall be
23entered within 60 days of the closing of proofs; however, if
24the court enters an order specifying good cause as to why the
25court needs an addition 30 days, the judgment shall be entered

 

 

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1within 90 days of the closing of proofs. A judgment of
2dissolution of marriage or of legal separation or of
3declaration of invalidity of marriage is final when entered,
4subject to the right of appeal. An appeal from the judgment of
5dissolution of marriage that does not challenge the finding as
6to grounds does not delay the finality of that provision of the
7judgment which dissolves the marriage, beyond the time for
8appealing from that provision, and either of the parties may
9remarry pending appeal. An order requiring maintenance or
10support of a spouse or a minor child or children entered under
11this Act or any other law of this State shall not be suspended
12or the enforcement thereof stayed pending the filing and
13resolution of post-judgment motions or an appeal.
14    (b) The clerk of the court shall give notice of the entry
15of a judgment of dissolution of marriage or legal separation or
16a declaration of invalidity of marriage:
17        (1) if the marriage is registered in this State, to the
18    county clerk of the county where the marriage is
19    registered, who shall enter the fact of dissolution of
20    marriage or legal separation or declaration of invalidity
21    of marriage in the marriage registry; and within 45 days
22    after the close of the month in which the judgment is
23    entered, the clerk shall forward the certificate to the
24    Department of Public Health on a form furnished by the
25    Department; or
26        (2) if the marriage is registered in another

 

 

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1    jurisdiction, to the appropriate official of that
2    jurisdiction, with the request that he enter the fact of
3    dissolution of marriage or legal separation or declaration
4    of invalidity of marriage in the appropriate record.
5    (c) Upon request by a wife whose marriage is dissolved or
6declared invalid, the court shall order her maiden name or a
7former name restored.
8    (d) A judgment of dissolution of marriage or legal
9separation, if made, shall be awarded to both of the parties,
10and shall provide that it affects the status previously
11existing between the parties in the manner adjudged.
12(Source: P.A. 96-1072, eff. 1-1-11.)
 
13    (750 ILCS 5/452)
14    Sec. 452. Petition. The parties to a dissolution proceeding
15may file a joint petition for simplified dissolution if they
16certify that all of the following conditions exist when the
17proceeding is commenced:
18        (a) Neither party is dependent on the other party for
19    support or each party is willing to waive the right to
20    support; and the parties understand that consultation with
21    attorneys may help them determine eligibility for spousal
22    support.
23        (b) Either party has met the residency requirement of
24    Section 401 of this Act.
25        (c) The requirements of Section 401 regarding

 

 

HB6192- 35 -LRB097 21718 KTG 70459 b

1    residence or military presence and proof of irreconcilable
2    differences have been met. Irreconcilable differences have
3    caused the irretrievable breakdown of the marriage and the
4    parties have been separated 6 months or more and efforts at
5    reconciliation have failed or future attempts at
6    reconciliation would be impracticable and not in the best
7    interests of the family.
8        (d) No children were born of the relationship of the
9    parties or adopted by the parties during the marriage, and
10    the wife, to her knowledge, is not pregnant by the husband.
11        (e) The duration of the marriage does not exceed 8
12    years.
13        (f) Neither party has any interest in real property or
14    retirement benefits.
15        (g) The parties waive any rights to maintenance.
16        (h) The total fair market value of all marital
17    property, after deducting all encumbrances, is less than
18    $50,000 $10,000, the combined gross annualized income from
19    all sources is less than $60,000 $35,000, and neither party
20    has a gross annualized income from all sources in excess of
21    $30,000 $20,000.
22        (i) The parties have disclosed to each other all assets
23    and liabilities and their tax returns for all years of the
24    marriage.
25        (j) The parties have executed a written agreement
26    dividing all assets in excess of $100 in value and

 

 

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1    allocating responsibility for debts and liabilities
2    between the parties.
3(Source: P.A. 90-731, eff. 7-1-99.)
 
4    (750 ILCS 5/453)
5    Sec. 453. Procedure; Judgment. The parties shall use the
6forms, including a form for the affidavit required under
7Section 454, provided by the circuit court clerk, and the clerk
8shall submit the petition to the court. The court shall
9expeditiously consider the cause. Both parties shall appear in
10person before the court and, if the court so directs, testify.
11The court, after examination of the petition and the parties
12and finding the agreement of the parties not unconscionable,
13shall enter a judgment granting the dissolution if the
14requirements of this Part IV-A have been met and the parties
15have submitted the affidavit required under Section 454. No
16transcript of proceedings shall be required.
17(Source: P.A. 88-39.)
 
18    (750 ILCS 5/501)  (from Ch. 40, par. 501)
19    Sec. 501. Temporary Relief.) In all proceedings under this
20Act, temporary relief shall be as follows:
21    (a) Either party may petition or move for:
22        (1) temporary maintenance or temporary support of a
23    child of the marriage entitled to support, accompanied by
24    an affidavit as to the factual basis for the relief

 

 

HB6192- 37 -LRB097 21718 KTG 70459 b

1    requested. One form of financial affidavit shall be used
2    statewide. The financial affidavit shall be supported by
3    documentary evidence including, but not limited to, income
4    tax returns, pay stubs, and banking statements. The
5    financial affidavit shall include a space for a party to
6    declare whether he or she is receiving any federal or State
7    financial subsidies, and any such subsidies shall be
8    included in that party's income. Upon motion of a party, a
9    court may hold a hearing to determine whether and why there
10    is a disparity between a party's sworn affidavit and the
11    supporting documentation. If a party intentionally or
12    recklessly files an inaccurate or misleading financial
13    affidavit, the court shall impose significant penalties
14    and sanctions including, but not limited to, costs and
15    attorney's fees;
16        (2) a temporary restraining order or preliminary
17    injunction, accompanied by affidavit showing a factual
18    basis for any of the following relief:
19            (i) restraining any person from transferring,
20        encumbering, concealing or otherwise disposing of any
21        property except in the usual course of business or for
22        the necessities of life, and, if so restrained,
23        requiring him to notify the moving party and his
24        attorney of any proposed extraordinary expenditures
25        made after the order is issued; however, an order need
26        not include an exception for transferring,

 

 

HB6192- 38 -LRB097 21718 KTG 70459 b

1        encumbering, or otherwise disposing of property in the
2        usual course of business or for the necessities of life
3        if the court enters appropriate orders that enable the
4        parties to pay their necessary personal and business
5        expenses including, but not limited to, appropriate
6        professionals to assist the court pursuant to
7        subsection (l) of Section 503 to administer the payment
8        and accounting of such living and business expenses;
9            (ii) enjoining a party from removing a child from
10        the jurisdiction of the court;
11            (iii) enjoining a party from striking or
12        interfering with the personal liberty of the other
13        party or of any child; or
14            (iv) providing other injunctive relief proper in
15        the circumstances; or
16        (3) other appropriate temporary relief including, in
17    the discretion of the court, ordering the purchase or sale
18    of assets and requiring that a party or parties borrow
19    funds in the appropriate circumstances.
20    The relief available under this Section is available under
21subsection (b) of Section 513. The relief available under this
22Section is available under subsection (a) of Section 513 after
23the court makes a prima facie finding that, based on the
24affidavits before it, it appears that there would be a
25likelihood of success on the merits. This relief should be done
26on an expedited basis, but should not include temporary

 

 

HB6192- 39 -LRB097 21718 KTG 70459 b

1maintenance or injunctive relief as to assets.
2    Issues concerning temporary maintenance or temporary
3support of a child of the marriage entitled to support shall be
4dealt with on a summary basis based on financial affidavits,
5tax returns, pay stubs, banking statements, and other relevant
6documentation. The recipient shall account for the use of his
7or her funds in the same manner the recipient is required to
8justify his or her use of marital funds. If a party
9intentionally or recklessly files an inaccurate or misleading
10financial affidavit, the court shall impose significant
11penalties and sanctions including, but not limited to, costs
12and attorney's fees resulting from the improper
13representation.
14    (b) The court may issue a temporary restraining order
15without requiring notice to the other party only if it finds,
16on the basis of the moving affidavit or other evidence, that
17irreparable injury will result to the moving party if no order
18is issued until the time for responding has elapsed.
19    (c) A response hereunder may be filed within 21 days after
20service of notice of motion or at the time specified in the
21temporary restraining order.
22    (c-1) As used in this subsection (c-1), "interim attorney's
23fees and costs" means attorney's fees and costs assessed from
24time to time while a case is pending, in favor of the
25petitioning party's current counsel, for reasonable fees and
26costs either already incurred, but not paid, or to be incurred,

 

 

HB6192- 40 -LRB097 21718 KTG 70459 b

1and "interim award" means an award of interim attorney's fees
2and costs. "Interim award" includes an award on a final fee
3petition filed by an attorney no longer involved in the matter.
4Interim awards shall be governed by the following:
5        (1) Except for good cause shown, a proceeding for (or
6    relating to) interim attorney's fees and costs in a
7    pre-judgment dissolution proceeding shall be
8    nonevidentiary and summary in nature. All hearings for or
9    relating to interim attorney's fees and costs under this
10    subsection shall be scheduled expeditiously by the court.
11    When a party files a petition for interim attorney's fees
12    and costs supported by one or more affidavits that
13    delineate relevant factors, the court (or a hearing
14    officer) shall assess an interim award after affording the
15    opposing party a reasonable opportunity to file a
16    responsive pleading. A responsive pleading shall set out
17    the amount of each retainer or other payment or payments,
18    or both, previously paid to the responding party's counsel
19    by or on behalf of the responding party. Either party or a
20    party's attorney may seek interim fees from the marital
21    estate. In assessing an interim award, the court shall
22    consider all relevant factors, as presented, that appear
23    reasonable and necessary, including to the extent
24    applicable:
25            (A) the income and property of each party,
26        including alleged marital property within the sole

 

 

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1        control of one party and alleged non-marital property
2        within access to a party;
3            (B) the needs of each party;
4            (C) the realistic earning capacity of each party;
5            (D) any impairment to present earning capacity of
6        either party, including age and physical and emotional
7        health;
8            (E) the standard of living established during the
9        marriage;
10            (F) the degree of complexity of the issues,
11        including custody, valuation or division (or both) of
12        closely held businesses, and tax planning, as well as
13        reasonable needs for expert investigations or expert
14        witnesses, or both;
15            (G) each party's access to relevant information;
16            (H) the amount of the payment or payments made or
17        reasonably expected to be made to the attorney for the
18        other party; and
19            (I) any other factor that the court expressly finds
20        to be just and equitable.
21        (2) Any assessment of an interim award (including one
22    pursuant to an agreed order) shall be without prejudice to
23    any final allocation and without prejudice as to any claim
24    or right of either party or any counsel of record at the
25    time of the award. Any such claim or right may be presented
26    by the appropriate party or counsel at a hearing on

 

 

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1    contribution under subsection (j) of Section 503 or a
2    hearing on counsel's fees under subsection (c) of Section
3    508. Unless otherwise ordered by the court at the final
4    hearing between the parties or in a hearing under
5    subsection (j) of Section 503 or subsection (c) of Section
6    508, interim awards, as well as the aggregate of all other
7    payments by each party to counsel and related payments to
8    third parties, shall be deemed to have been advances from
9    the parties' marital estate. Any portion of any interim
10    award constituting an overpayment shall be remitted back to
11    the appropriate party or parties, or, alternatively, to
12    successor counsel, as the court determines and directs,
13    after notice. An order for the award of interim attorney's
14    fees shall be form in nature.
15        (3) In any proceeding under this subsection (c-1), the
16    court (or hearing officer) shall assess an interim award
17    against an opposing party in an amount necessary to enable
18    the petitioning party to participate adequately in the
19    litigation, upon findings that the party from whom
20    attorney's fees and costs are sought has the financial
21    ability to pay reasonable amounts and that the party
22    seeking attorney's fees and costs lacks sufficient access
23    to assets or income to pay reasonable amounts. In
24    determining an award, the court shall consider whether
25    adequate participation in the litigation requires
26    expenditure of more fees and costs for a party that is not

 

 

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1    in control of assets or relevant information. Except for
2    good cause shown, an interim award shall not be less than
3    payments made or reasonably expected to be made to the
4    counsel for the other party. If the court finds that both
5    parties lack financial ability or access to assets or
6    income for reasonable attorney's fees and costs, the court
7    (or hearing officer) shall enter an order that allocates
8    available funds for each party's counsel, including
9    retainers or interim payments, or both, previously paid, in
10    a manner that achieves substantial parity between the
11    parties.
12        (4) The changes to this Section 501 made by this
13    amendatory Act of 1996 apply to cases pending on or after
14    June 1, 1997, except as otherwise provided in Section 508.
15    (c-2) Allocation of use of marital residence. Use of the
16marital residence shall be determined upon an objective
17standard. Where there is on file a verified complaint or
18verified petition seeking temporary eviction from the marital
19residence, the court may, during the pendency of the
20proceeding, only in cases where the physical or mental well
21being of either spouse or their children is jeopardized by
22occupancy of the marital residence by both spouses, and only
23upon due notice and full hearing, unless waived by the court on
24good cause shown, enter orders granting the exclusive
25possession of the marital residence to either spouse, by
26eviction from, or restoration of, the marital residence, until

 

 

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1the final determination of the cause. The order may also
2provide for the nesting of children with the children having
3exclusive possession of the residence and the spouses
4alternating occupancy. No such order shall in any manner affect
5any estate in homestead property of either party. In entering
6orders under this subsection (c-2), the court shall balance
7hardships to the parties.
8    (d) A temporary order entered under this Section:
9        (1) does not prejudice the rights of the parties or the
10    child which are to be adjudicated at subsequent hearings in
11    the proceeding;
12        (2) may be revoked or modified before final judgment,
13    on a showing by affidavit and upon hearing; and
14        (3) terminates when the final judgment is entered or
15    when the petition for dissolution of marriage or legal
16    separation or declaration of invalidity of marriage is
17    dismissed.
18(Source: P.A. 96-583, eff. 1-1-10.)
 
19    (750 ILCS 5/501.1)  (from Ch. 40, par. 501.1)
20    Sec. 501.1. Dissolution action stay.
21    (a) Upon service of a summons and petition or praecipe
22filed under the Illinois Marriage and Dissolution of Marriage
23Act or upon the filing of the respondent's appearance in the
24proceeding, whichever first occurs, a dissolution action stay
25shall be in effect against both parties and their agents and

 

 

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1employees, without bond or further notice, until a final
2judgement is entered, the proceeding is dismissed, or until
3further order of the court, :
4        (1) restraining both parties from transferring,
5encumbering, concealing, destroying, spending, damaging, or in
6any way disposing of any property, without the consent of the
7other party or an order of the court, except in the usual
8course of business, for the necessities of life, or for
9reasonable costs, expenses, and attorney's fees arising from
10the proceeding, as well as requiring each party to provide
11written notice to the other party and his or her attorney of
12any proposed extraordinary expenditure or transaction;
13        (2) restraining both parties from physically abusing,
14harassing, intimidating, striking, or interfering with the
15personal liberty of the other party or the minor children of
16either party. ; and
17        (3) restraining both parties from removing any minor
18child of either party from the State of Illinois or from
19concealing any such child from the other party, without the
20consent of the other party or an order of the court.
21    The restraint provided in this subsection (a) does not
22operate to make unavailable any of the remedies provided in the
23Illinois Domestic Violence Act of 1986.
24    A restraint of the parties' actions under this Section does
25not affect the rights of a bona fide purchaser or mortgagee
26whose interest in real property or whose beneficial interest in

 

 

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1real property under an Illinois land trust was acquired before
2the filing of a lis pendens notice under Section 2-1901 of the
3Code of Civil Procedure.
4    (b) (Blank). Notice of any proposed extraordinary
5expenditure or transaction, as required by subsection (a),
6shall be given as soon as practicable, but not less than 7 days
7before the proposed date for the carrying out or commencement
8of the carrying out of the extraordinary expenditure or
9transaction, except in an emergency, in which event notice
10shall be given as soon as practicable under the circumstances.
11If proper notice is given and if the party receiving the notice
12does not object by filing a petition for injunctive relief
13under the Code of Civil Procedure within 7 days of receipt of
14the notice, the carrying out of the proposed extraordinary
15expenditure or transaction is not a violation of the
16dissolution action stay. The dissolution action stay shall
17remain in full force and effect against both parties for 14
18days after the date of filing of a petition for injunctive
19relief by the objecting party (or a shorter period if the court
20so orders); and no extension beyond that 14 day period shall be
21granted by the court. For good cause shown, a party may file a
22petition for a reduction in time with respect to any 7 day
23notice requirement under this subsection.
24    (c) (Blank). A party making any extraordinary expenditure
25or carrying out any extraordinary transaction after a
26dissolution action stay is in effect shall account promptly to

 

 

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1the court and to the other party for all of those expenditures
2and transactions. This obligation to account applies
3throughout the pendency of the proceeding, irrespective of (i)
4any notice given by any party as to any proposed extraordinary
5expenditure or transaction, (ii) any filing of an objection and
6petition under this Section or the absence of any such filing,
7or (iii) any court ruling as to an issue presented to it by
8either party.
9    (d) (Blank). If the party making an extraordinary
10expenditure or transaction fails to provide proper notice or if
11despite proper notice the other party filed a petition and
12prevailed on that petition, and the extraordinary expenditure
13or transaction results in a loss of income or reduction in the
14amount or in the value of property, there is a presumption of
15dissipation of property, equal to the amount of the loss or
16reduction, charged against the party for purposes of property
17distribution under Section 503.
18    (e) In a proceeding filed under this Act, the summons shall
19provide notice of the entry of the automatic dissolution action
20stay in a form as required by applicable rules.
21(Source: P.A. 87-881; 88-24.)
 
22    (750 ILCS 5/502)  (from Ch. 40, par. 502)
23    Sec. 502. Agreement. (a) To promote amicable settlement of
24disputes between parties to a marriage attendant upon the
25dissolution of their marriage, the parties may enter into an a

 

 

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1written or oral agreement containing provisions for
2disposition of any property owned by either of them,
3maintenance of either of them, and support, custody and
4visitation of their children, and support of their children as
5provided in Section 513 after the children attain majority. Any
6agreement made pursuant to this Section must be in writing.
7    (b) The terms of the agreement, except those providing for
8the support, custody and visitation of children, are binding
9upon the court unless it finds, after considering the economic
10circumstances of the parties and any other relevant evidence
11produced by the parties, on their own motion or on request of
12the court, that the agreement is unconscionable. The terms of
13the agreement incorporated into the judgment are binding if
14there is any conflict between any prove-up testimony and the
15terms of the agreement.
16    (c) If the court finds the agreement unconscionable, it may
17request the parties to submit a revised agreement or upon
18hearing, may make orders for the disposition of property,
19maintenance, child support and other matters.
20    (d) Unless the agreement provides to the contrary, its
21terms shall be set forth in the judgment, and the parties shall
22be ordered to perform under such terms, or if the agreement
23provides that its terms shall not be set forth in the judgment,
24the judgment shall identify the agreement and state that the
25court has approved its terms.
26    (e) Terms of the agreement set forth in the judgment are

 

 

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1enforceable by all remedies available for enforcement of a
2judgment, including contempt, and are enforceable as contract
3terms.
4    (f) Child Except for terms concerning the support, support
5of children as provided in Section 513 after the children
6attain majority, and custody and or visitation of children may
7be modified upon a showing of a substantial change in
8circumstances. The parties may provide that maintenance is
9non-modifiable in amount, duration, or both. If the parties do
10not provide that maintenance is non-modifiable in amount,
11duration, or both, then those terms are modifiable upon a
12substantial change of circumstances. Property provisions of an
13agreement are never modifiable. The , the judgment may expressly
14preclude or limit modification of other terms set forth in the
15judgment if the agreement so provides. Otherwise, terms of an
16agreement set forth in the judgment are automatically modified
17by modification of the judgment.
18    (g) An agreement made pursuant to this Section is not valid
19unless the agreement is in writing and signed by the parties to
20the agreement.
21(Source: P.A. 83-216.)
 
22    (750 ILCS 5/503)  (from Ch. 40, par. 503)
23    Sec. 503. Disposition of property and debts.
24    (a) For purposes of this Act, "marital property" means all
25property, including debts and other obligations, acquired by

 

 

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1either spouse subsequent to the marriage, except the following,
2which is known as "non-marital property":
3        (1) property acquired by gift, legacy or descent or
4    property acquired in exchange for such property;
5        (2) property acquired in exchange for property
6    acquired before the marriage or in exchange for property
7    acquired by gift, legacy or descent;
8        (3) property acquired by a spouse after a judgment of
9    legal separation;
10        (4) property excluded by valid agreement of the
11    parties, including a premarital agreement or a postnuptial
12    agreement;
13        (5) any judgment or property obtained by judgment
14    awarded to a spouse from the other spouse except, however,
15    when a spouse is required to sue the other spouse in order
16    to obtain insurance coverage or otherwise recover from a
17    third party and the recovery is directly related to amounts
18    advanced by the marital estate, the judgment shall be
19    considered marital property;
20        (6) property acquired, in whole or in part, before the
21    marriage. The equitable portion acquired prior to the
22    marriage shall be considered non-marital;
23        (6.5) all property acquired by a spouse by the sole use
24    of non-marital property as collateral for a loan that then
25    is used to acquire property during the marriage, provided
26    the spouse proves by clear and convincing evidence that

 

 

HB6192- 51 -LRB097 21718 KTG 70459 b

1    only non-marital funds were used to pay back the loan;
2        (7) the increase in value of non-marital property
3    acquired by a method listed in paragraphs (1) through (6)
4    of this subsection, irrespective of whether the increase
5    results from a contribution of marital property,
6    non-marital property, the personal effort of a spouse, or
7    otherwise, subject to the right of reimbursement provided
8    in subsection (c) of this Section; and
9        (8) income from property acquired by a method listed in
10    paragraphs (1) through (7) of this subsection if the income
11    is not attributable to the personal effort of a spouse.
12    Property acquired prior to a marriage that would otherwise
13be non-marital property shall not be deemed to be marital
14property solely because the property was acquired in
15contemplation of marriage.
16    (b)(1) For purposes of distribution of property pursuant to
17this Section, all property acquired by either spouse after the
18marriage and before a judgment of dissolution of marriage or
19declaration of invalidity of marriage, is presumed marital
20property. This presumption includes including non-marital
21property transferred into some form of co-ownership between the
22spouses, is presumed to be marital property, regardless of
23whether title is held individually or by the spouses in some
24form of co-ownership such as joint tenancy, tenancy in common,
25tenancy by the entirety, or community property. A spouse may
26overcome the The presumption of marital property is overcome by

 

 

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1showing through clear and convincing evidence a showing that
2the property was acquired by a method listed in subsection (a)
3of this Section.
4    (2) For purposes of distribution of property pursuant to
5this Section, all pension benefits (including pension benefits
6under the Illinois Pension Code, defined benefit plans, defined
7contribution plans and accounts, individual retirement
8accounts, and non-qualified plans) acquired by or participated
9in by either spouse after the marriage and before a judgment of
10dissolution of marriage or declaration of invalidity of the
11marriage are presumed to be marital property, regardless of
12which spouse participates in the pension plan. A spouse may
13overcome the The presumption that these pension benefits are
14marital property is overcome by a showing through clear and
15convincing evidence that the pension benefits were acquired by
16a method listed in subsection (a) of this Section. The right to
17a division of pension benefits in just proportions under this
18Section is enforceable under Section 1-119 of the Illinois
19Pension Code.
20    The value of pension benefits in a retirement system
21subject to the Illinois Pension Code shall be determined in
22accordance with the valuation procedures established by the
23retirement system.
24    The recognition of pension benefits as marital property and
25the division of those benefits pursuant to a Qualified Illinois
26Domestic Relations Order shall not be deemed to be a

 

 

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1diminishment, alienation, or impairment of those benefits. The
2division of pension benefits is an allocation of property in
3which each spouse has a species of common ownership.
4    (3) For purposes of distribution of property under this
5Section, all stock options and restricted stock granted to
6either spouse after the marriage and before a judgment of
7dissolution of marriage or declaration of invalidity of
8marriage, whether vested or non-vested or whether their value
9is ascertainable, are presumed to be marital property. This
10presumption of marital property is overcome by a showing that
11the stock options were acquired by a method listed in
12subsection (a) of this Section. The court shall allocate stock
13options between the parties at the time of the judgment of
14dissolution of marriage or declaration of invalidity of
15marriage recognizing that the value of the stock options may
16not be then determinable and that the actual division of the
17options may not occur until a future date. In making the
18allocation between the parties, the court shall consider, in
19addition to the factors set forth in subsection (d) of this
20Section, the following:
21        (i) All circumstances underlying the grant of the stock
22    option including but not limited to the vesting schedule,
23    whether the grant was for past, present, or future efforts,
24    whether the grant is designed to promote future
25    performance, or any combination thereof.
26        (ii) The length of time from the grant of the option to

 

 

HB6192- 54 -LRB097 21718 KTG 70459 b

1    the time the option is exercisable.
2    (b-5) As to any policy of life insurance insuring the life
3of either spouse, or any interest in such policy, that
4constitutes marital property, whether whole life, term life,
5group term life, universal life, or other form of life
6insurance policy, and whether or not the value is
7ascertainable, the court shall allocate ownership, death
8benefits or the right to assign death benefits, and the
9obligation for premium payments, if any, equitably between the
10parties at the time of the judgment for dissolution or
11declaration of invalidity of marriage.
12    (c) Commingled marital and non-marital property shall be
13treated in the following manner, unless otherwise agreed by the
14spouses:
15        (1)(A) If marital and non-marital property are
16    commingled by one estate being contributed into the other
17    the following shall apply:
18            (i) If the contributed property loses its
19        identity, the contributed property transmutes to the
20        estate receiving the property, subject to the
21        provisions of paragraph (2) of this subsection (c).
22            (ii) If the contributed property retains its
23        identity, it does not transmute and remains property of
24        the contributing estate.
25        (B) If marital and non-marital property are commingled
26    into newly acquired property resulting in a loss of

 

 

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1    identity of the contributing estates, the commingled
2    property shall be deemed transmuted to marital property,
3    subject to the provisions of paragraph (2) of this
4    subsection (c).
5        (2)(A) When one estate of property makes a contribution
6    to another estate of property, the contributing estate
7    shall be reimbursed from the estate receiving the
8    contribution notwithstanding any transmutation. No such
9    reimbursement shall be made with respect to a contribution
10    that is not retraceable by clear and convincing evidence or
11    was a gift. The court may provide for reimbursement out of
12    the marital property to be divided or by imposing a lien
13    against the non-marital property that received the
14    contribution.
15        (B) When a spouse contributes personal effort to
16    non-marital property, it shall be deemed a contribution by
17    the marital estate, which shall receive a reimbursements
18    for said efforts if the efforts are significant and result
19    in substantial appreciation to the non-marital property.
20    The court may provide for reimbursement out of the marital
21    property to be divided or by imposing a lien against the
22    non-marital property which received the contribution.
23        (1) When marital and non-marital property are
24    commingled by contributing one estate of property into
25    another resulting in a loss of identity of the contributed
26    property, the classification of the contributed property

 

 

HB6192- 56 -LRB097 21718 KTG 70459 b

1    is transmuted to the estate receiving the contribution,
2    subject to the provisions of paragraph (2) of this
3    subsection; provided that if marital and non-marital
4    property are commingled into newly acquired property
5    resulting in a loss of identity of the contributing
6    estates, the commingled property shall be deemed
7    transmuted to marital property, subject to the provisions
8    of paragraph (2) of this subsection.
9        (2) When one estate of property makes a contribution to
10    another estate of property, or when a spouse contributes
11    personal effort to non-marital property, the contributing
12    estate shall be reimbursed from the estate receiving the
13    contribution notwithstanding any transmutation; provided,
14    that no such reimbursement shall be made with respect to a
15    contribution which is not retraceable by clear and
16    convincing evidence, or was a gift, or, in the case of a
17    contribution of personal effort of a spouse to non-marital
18    property, unless the effort is significant and results in
19    substantial appreciation of the non-marital property.
20    Personal effort of a spouse shall be deemed a contribution
21    by the marital estate. The court may provide for
22    reimbursement out of the marital property to be divided or
23    by imposing a lien against the non-marital property which
24    received the contribution.
25    (d) In a proceeding for dissolution of marriage or
26declaration of invalidity of marriage, or in a proceeding for

 

 

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1disposition of property following dissolution of marriage by a
2court that which lacked personal jurisdiction over the absent
3spouse or lacked jurisdiction to dispose of the property, the
4court shall assign each spouse's non-marital property to that
5spouse. It also shall divide the marital property without
6regard to marital misconduct in just proportions considering
7all relevant factors, including:
8        (1) each party's the contribution of each party to the
9    acquisition, preservation, or increase or decrease in
10    value of the marital or non-marital property, including (i)
11    any such decrease attributable to a payment deemed to have
12    been an advance from the parties' marital estate under
13    subsection (c-1)(2) of Section 501; and (ii) the
14    contribution of a spouse as a homemaker or to the family
15    unit; and (iii) whether the contribution is after the
16    commencement of a dissolution of marriage or declaration of
17    invalidity proceeding;
18        (2) the dissipation by each party of the marital or
19    non-marital property. "Dissipation" means either party's
20    use of assets or income for a purpose unrelated to the
21    marriage, during a period that the marriage is undergoing
22    an irretrievable breakdown, not to exceed 3 years prior to
23    the date of the commencement of a dissolution proceeding or
24    declaration of invalidity unless a party fraudulently
25    conceals or affirmatively misleads his or her spouse about
26    any material fact relating to when the marriage was

 

 

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1    irretrievably broken down, then to the extent such evidence
2    was fraudulently concealed or affirmatively misrepresented
3    by the dissipating spouse;
4        (3) the value of the property assigned to each spouse;
5        (4) the duration of the marriage;
6        (5) the relevant economic circumstances of each spouse
7    when the division of property is to become effective,
8    including the desirability of awarding the family home, or
9    the right to live therein for reasonable periods, to the
10    spouse having the primary residence custody of the
11    children;
12        (6) any obligations and rights arising from a prior
13    marriage of either party;
14        (7) any prenuptial or postnuptial antenuptial
15    agreement of the parties;
16        (8) the age, health, station, occupation, amount and
17    sources of income, vocational skills, employability,
18    estate, liabilities, and needs of each of the parties;
19        (9) the custodial provisions for any children;
20        (10) whether the apportionment is in lieu of or in
21    addition to maintenance;
22        (11) the reasonable opportunity of each spouse for
23    future acquisition of capital assets and income; and
24        (12) the tax consequences of the property division upon
25    the respective economic circumstances of the parties.
26    When the court does not divide the property on a 50% basis,

 

 

HB6192- 59 -LRB097 21718 KTG 70459 b

1the court shall make specific findings of fact as to the basis
2for deviating therefrom.
3    (e) Each spouse has a species of common ownership in the
4marital property which vests at the time dissolution
5proceedings are commenced and continues only during the
6pendency of the action. Any such interest in marital property
7shall not encumber that property so as to restrict its
8transfer, assignment or conveyance by the title holder unless
9such title holder is specifically enjoined from making such
10transfer, assignment or conveyance.
11    (f) In a proceeding for dissolution of marriage or
12declaration of invalidity of marriage or in a proceeding for
13disposition of property following dissolution of marriage by a
14court that lacked personal jurisdiction over the absent spouse
15or lacked jurisdiction to dispose of the property, the court,
16in determining the value of the marital and non-marital
17property for purposes of dividing the property, shall value the
18property as of the date of trial or some other date as close to
19the date of trial as is practicable.
20    (g) The court if necessary to protect and promote the best
21interests of the children may set aside a portion of the
22jointly or separately held estates of the parties in a separate
23fund or trust for the support, maintenance, education, physical
24and mental health, and general welfare of any minor, dependent,
25or incompetent child of the parties. In making a determination
26under this subsection, the court may consider, among other

 

 

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1things, the conviction of a party of any of the offenses set
2forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
312-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
412-15, or 12-16, or Section 12-3.05 except for subdivision
5(a)(4) or (g)(1), of the Criminal Code of 1961 if the victim is
6a child of one or both of the parties, and there is a need for,
7and cost of, care, healing and counseling for the child who is
8the victim of the crime.
9    (h) Unless specifically directed by a reviewing court, or
10upon good cause shown, the court shall not on remand consider
11any increase or decrease in the value of any "marital" or
12"non-marital" property occurring since the assessment of such
13property at the original trial or hearing, but shall use only
14that assessment made at the original trial or hearing.
15    (i) The court may make such judgments affecting the marital
16property as may be just and may enforce such judgments by
17ordering a sale of marital property, with proceeds therefrom to
18be applied as determined by the court.
19    (j) After proofs have closed in the final hearing on all
20other issues between the parties (or in conjunction with the
21final hearing, if all parties so stipulate) and before judgment
22is entered, a party's petition for contribution to fees and
23costs incurred in the proceeding shall be heard and decided, in
24accordance with the following provisions:
25        (1) A petition for contribution, if not filed before
26    the final hearing on other issues between the parties,

 

 

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1    shall be filed no later than 30 days after the closing of
2    proofs in the final hearing or within such other period as
3    the court orders.
4        (2) Any award of contribution to one party from the
5    other party shall be based on the criteria for division of
6    marital property under this Section 503 and, if maintenance
7    has been awarded, on the criteria for an award of
8    maintenance under Section 504.
9        (3) The filing of a petition for contribution shall not
10    be deemed to constitute a waiver of the attorney-client
11    privilege between the petitioning party and current or
12    former counsel; and such a waiver shall not constitute a
13    prerequisite to a hearing for contribution. If either
14    party's presentation on contribution, however, includes
15    evidence within the scope of the attorney-client
16    privilege, the disclosure or disclosures shall be narrowly
17    construed and shall not be deemed by the court to
18    constitute a general waiver of the privilege as to matters
19    beyond the scope of the presentation.
20        (4) No finding on which a contribution award is based
21    or denied shall be asserted against counsel or former
22    counsel for purposes of any hearing under subsection (c) or
23    (e) of Section 508.
24        (5) A contribution award (payable to either the
25    petitioning party or the party's counsel, or jointly, as
26    the court determines) may be in the form of either a set

 

 

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1    dollar amount or a percentage of fees and costs (or a
2    portion of fees and costs) to be subsequently agreed upon
3    by the petitioning party and counsel or, alternatively,
4    thereafter determined in a hearing pursuant to subsection
5    (c) of Section 508 or previously or thereafter determined
6    in an independent proceeding under subsection (e) of
7    Section 508.
8        (6) The changes to this Section 503 made by this
9    amendatory Act of 1996 apply to cases pending on or after
10    June 1, 1997, except as otherwise provided in Section 508.
11    (k) In determining the value of assets or property under
12this Section, the court shall employ a fair market value
13standard. The date of valuation for the purposes of division of
14assets shall be the date of trial or such other date as agreed
15by the parties or ordered by the court, within its discretion.
16    (l) The court may seek the advice of financial experts or
17other professionals, whether or not employed by the court on a
18regular basis. The advice given shall be in writing and made
19available by the court to counsel. Counsel may examine as a
20witness any professional consulted by the court designated as
21the court's witness. Costs of a professional shall be allocated
22by the court between the parties.
23(Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10;
2496-1551, Article 1, Section 985, eff. 7-1-11; 96-1551, Article
252, Section 1100, eff. 7-1-11; 97-608, eff. 1-1-12; revised
269-26-11.)
 

 

 

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1    (750 ILCS 5/504)  (from Ch. 40, par. 504)
2    Sec. 504. Maintenance.
3    (a) In a proceeding for dissolution of marriage or legal
4separation or declaration of invalidity of marriage, or a
5proceeding for maintenance following dissolution of the
6marriage by a court which lacked personal jurisdiction over the
7absent spouse, the court may grant a temporary or permanent
8maintenance award for either spouse in amounts and for periods
9of time as the court deems just, without regard to marital
10misconduct, in gross or for fixed or indefinite periods of
11time, and the maintenance may be paid from the income or
12property of the other spouse after consideration of all
13relevant factors, including:
14        (1) the income and property of each party, including
15    marital property apportioned and non-marital property
16    assigned to the party seeking maintenance as well as all
17    financial obligations imposed on the parties as a result of
18    the dissolution of marriage;
19        (2) the needs of each party;
20        (3) the realistic present and the realistic future
21    earning capacity of each party;
22        (4) any impairment of the present and future earning
23    capacity of the party seeking maintenance due to that party
24    devoting time to domestic duties or having forgone or
25    delayed education, training, employment, or career

 

 

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1    opportunities due to the marriage; the court shall consider
2    any impairment of the realistic present or the realistic
3    future earning capacity of the party against whom
4    maintenance is sought as a result of the marriage and the
5    ultimate provisions of the judgment;
6        (5) the time necessary to enable the party seeking
7    maintenance to acquire appropriate education, training,
8    and employment, and whether that party is able to support
9    himself or herself through appropriate employment or is the
10    custodian of a child making it appropriate that the
11    custodian not seek employment;
12        (6) the standard of living established during the
13    marriage;
14        (7) the duration of the marriage;
15        (8) the age, health, station, occupation, amount and
16    sources of income, vocational skills, employability,
17    estate, liabilities, and needs of each of the parties; the
18    age and the physical and emotional condition of both
19    parties;
20        (8.5) any custodial arrangements;
21        (9) the tax consequences of the property division upon
22    the respective economic circumstances of the parties;
23        (9.5) whether maintenance is in lieu of or in addition
24    to the property allocation;
25        (10) contributions and services by the party seeking
26    maintenance to the education, training, career or career

 

 

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1    potential, or license of the other spouse;
2        (10.5) contributions made to the marriage, including,
3    without limitation, domestic duties, homemaker
4    contributions, and other financial and non-financial
5    contribution to the marriage;
6        (11) any valid agreement of the parties; and
7        (12) any other factor that the court expressly finds to
8    be just and equitable.
9    (b) (Blank).
10    (b-1) The court may order that maintenance be paid in the
11following manner:
12        (1) temporary maintenance under Section 501;
13        (2) rehabilitative maintenance for a period of time,
14    subject to a review;
15        (3) maintenance in gross;
16        (4) permanent maintenance for an indefinite period.
17    (b-2) An order for unallocated maintenance and child
18support may not be entered on or after the effective date of
19this amendatory Act of the 97th General Assembly. This
20subsection (b-2) does not affect an order for unallocated
21maintenance and child support that was entered before the
22effective date of this amendatory Act of the 97th General
23Assembly.
24    (b-5) Any maintenance obligation including any unallocated
25maintenance and child support obligation, or any portion of any
26support obligation, that becomes due and remains unpaid shall

 

 

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1accrue simple interest as set forth in Section 505 of this Act.
2    (b-6) The trial court may secure any maintenance award with
3an order requiring the spouse paying maintenance to provide an
4appropriate amount of life insurance, naming the recipient
5spouse as the beneficiary.
6    (b-7) Any new or existing maintenance order including any
7unallocated maintenance and child support order entered by the
8court under this Section shall be deemed to be a series of
9judgments against the person obligated to pay support
10thereunder. Each such judgment to be in the amount of each
11payment or installment of support and each such judgment to be
12deemed entered as of the date the corresponding payment or
13installment becomes due under the terms of the support order,
14except no judgment shall arise as to any installment coming due
15after the termination of maintenance as provided by Section 510
16of the Illinois Marriage and Dissolution of Marriage Act or the
17provisions of any order for maintenance. Each such judgment
18shall have the full force, effect and attributes of any other
19judgment of this State, including the ability to be enforced.
20Notwithstanding any other State or local law to the contrary, a
21lien arises by operation of law against the real and personal
22property of the obligor for each installment of overdue support
23owed by the obligor.
24    (c) The court may grant and enforce the payment of
25maintenance during the pendency of an appeal as the court shall
26deem reasonable and proper.

 

 

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1    (d) No maintenance shall accrue during the period in which
2a party is imprisoned for failure to comply with the court's
3order for the payment of such maintenance.
4    (e) When maintenance is to be paid through the clerk of the
5court in a county of 1,000,000 inhabitants or less, the order
6shall direct the obligor to pay to the clerk, in addition to
7the maintenance payments, all fees imposed by the county board
8under paragraph (3) of subsection (u) of Section 27.1 of the
9Clerks of Courts Act. Unless paid in cash or pursuant to an
10order for withholding, the payment of the fee shall be by a
11separate instrument from the support payment and shall be made
12to the order of the Clerk.
13    (f) An award ordered by a court upon entry of a dissolution
14judgment or upon entry of an award of maintenance following a
15reservation of maintenance in a dissolution judgment may be
16reasonably secured, in whole or in part, by life insurance on
17the payor's life on terms as to which the parties agree, or, if
18they do not agree, on such terms determined by the court,
19subject to the following:
20        (1) With respect to existing life insurance, provided
21    the court is apprised through evidence, stipulation, or
22    otherwise as to level of death benefits, premium, and other
23    relevant data and makes findings relative thereto, the
24    court may allocate death benefits, the right to assign
25    death benefits, or the obligation for future premium
26    payments between the parties as it deems just.

 

 

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1        (2) To the extent the court determines that its award
2    should be secured, in whole or in part, by new life
3    insurance on the payor's life, the court may only order:
4            (i) that the payor cooperate on all appropriate
5        steps for the payee to obtain such new life insurance;
6        and
7            (ii) that the payee, at his or her sole option and
8        expense, may obtain such new life insurance on the
9        payor's life up to a maximum level of death benefit
10        coverage, or descending death benefit coverage, as is
11        set by the court, such level not to exceed a reasonable
12        amount in light of the court's award, with the payee or
13        the payee's designee being the beneficiary of such life
14        insurance.
15    In determining the maximum level of death benefit coverage,
16    the court shall take into account all relevant facts and
17    circumstances, including the impact on access to life
18    insurance by the maintenance payor. If in resolving any
19    issues under paragraph (2) of this subsection (f) a court
20    reviews any submitted or proposed application for new
21    insurance on the life of a maintenance payor, the review
22    shall be in camera.
23        (3) A judgment shall expressly set forth that all death
24    benefits paid under life insurance on a payor's life
25    maintained or obtained pursuant to this subsection to
26    secure maintenance are designated as excludable from the

 

 

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1    gross income of the maintenance payee under Section
2    71(b)(1)(B) of the Internal Revenue Code, unless an
3    agreement or stipulation of the parties otherwise
4    provides.
5        (4) Life insurance may be awarded only at the time of
6    the initial judgment.
7        (5) The payor shall have the sole obligation to pay the
8    premiums.
9        (6) All applications shall be made at the time of the
10    initial judgment and the court shall be limited to an in
11    camera review of the application in determining whether the
12    application was made in good faith as to avoid discovery
13    abuse.
14        (7) The court must consider the ability of the insured
15    spouse to obtain additional insurance.
16(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
17revised 9-29-11.)
 
18    (750 ILCS 5/505)  (from Ch. 40, par. 505)
19    Sec. 505. Child support; contempt; penalties.
20    (a) In a proceeding for dissolution of marriage, legal
21separation, declaration of invalidity of marriage, a
22proceeding for child support following dissolution of the
23marriage by a court which lacked personal jurisdiction over the
24absent spouse, a proceeding for modification of a previous
25order for child support under Section 510 of this Act, or any

 

 

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1proceeding authorized under Section 501 or 601 of this Act, the
2court may order either or both parents owing a duty of support
3to a child of the marriage to pay an amount reasonable and
4necessary for his support, without regard to marital
5misconduct. The duty of support owed to a child includes the
6obligation to provide for the reasonable and necessary
7physical, mental and emotional health needs of the child. For
8purposes of this Section, the term "child" shall include any
9child under age 18 and any child under age 19 who is still
10attending high school. For purposes of this Section, the term
11"supporting parent" means the parent obligated to pay support
12to the other parent.
13        (1) The Court shall determine the minimum amount of
14    support by using the following guidelines:
15Number of ChildrenPercent of Supporting Party's
16Net Income
17120%
18228%
19332%
20440%
21545%
226 or more50%
23        (2) The above guidelines shall be applied in each case
24    unless the court makes a finding that application of the
25    guidelines would be inappropriate, after considering the
26    best interests of the child in light of evidence including

 

 

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1    but not limited to one or more of the following relevant
2    factors:
3            (a) the financial resources and needs of the child;
4            (b) the financial resources and needs of the
5        custodial parent;
6            (c) the standard of living the child would have
7        enjoyed had the marriage not been dissolved;
8            (d) the physical and emotional condition of the
9        child, and his educational needs; and
10            (e) the financial resources and needs of the
11        non-custodial parent.
12        If the court deviates from the guidelines, the court's
13    finding shall state the amount of support that would have
14    been required under the guidelines, if determinable. The
15    court shall include the reason or reasons for the variance
16    from the guidelines.
17        (3) "Net income" is defined as the total of all income
18    from all sources, minus the following deductions:
19            (a) Federal income tax (properly calculated
20        withholding or estimated payments);
21            (b) State income tax (properly calculated
22        withholding or estimated payments);
23            (c) Social Security (FICA payments);
24            (d) Mandatory retirement contributions required by
25        law or as a condition of employment;
26            (e) Union dues;

 

 

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1            (f) Dependent and individual
2        health/hospitalization insurance premiums and life
3        insurance premiums for life insurance ordered by the
4        court to reasonably secure child support or support
5        ordered pursuant to Section 513, any such order to
6        entail provisions on which the parties agree or,
7        otherwise, in accordance with the limitations set
8        forth in subsection 504(f)(1) and (2);
9            (g) Prior obligations of support or maintenance
10        actually paid pursuant to a court order;
11            (h) Expenditures for repayment of debts that
12        represent reasonable and necessary expenses for the
13        production of income, medical expenditures necessary
14        to preserve life or health, reasonable expenditures
15        for the benefit of the child and the other parent,
16        exclusive of gifts. The court shall reduce net income
17        in determining the minimum amount of support to be
18        ordered only for the period that such payments are due
19        and shall enter an order containing provisions for its
20        self-executing modification upon termination of such
21        payment period;
22            (i) Foster care payments paid by the Department of
23        Children and Family Services for providing licensed
24        foster care to a foster child.
25        (4) In cases where the court order provides for
26    health/hospitalization insurance coverage pursuant to

 

 

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1    Section 505.2 of this Act, the premiums for that insurance,
2    or that portion of the premiums for which the supporting
3    party is responsible in the case of insurance provided
4    through an employer's health insurance plan where the
5    employer pays a portion of the premiums, shall be
6    subtracted from net income in determining the minimum
7    amount of support to be ordered.
8        (4.5) In a proceeding for child support following
9    dissolution of the marriage by a court that lacked personal
10    jurisdiction over the absent spouse, and in which the court
11    is requiring payment of support for the period before the
12    date an order for current support is entered, there is a
13    rebuttable presumption that the supporting party's net
14    income for the prior period was the same as his or her net
15    income at the time the order for current support is
16    entered.
17        (5) If the net income cannot be determined because of
18    default or any other reason, the court shall order support
19    in an amount considered reasonable in the particular case.
20    The final order in all cases shall state the support level
21    in dollar amounts. However, if the court finds that the
22    child support amount cannot be expressed exclusively as a
23    dollar amount because all or a portion of the payor's net
24    income is uncertain as to source, time of payment, or
25    amount, the court may order a percentage amount of support
26    in addition to a specific dollar amount and enter such

 

 

HB6192- 74 -LRB097 21718 KTG 70459 b

1    other orders as may be necessary to determine and enforce,
2    on a timely basis, the applicable support ordered.
3        (6) If (i) the supporting non-custodial parent was
4    properly served with a request for discovery of financial
5    information relating to the supporting non-custodial
6    parent's ability to provide child support, (ii) the
7    supporting non-custodial parent failed to comply with the
8    request, despite having been ordered to do so by the court,
9    and (iii) the supporting non-custodial parent is not
10    present at the hearing to determine support despite having
11    received proper notice, then any relevant financial
12    information concerning the supporting non-custodial
13    parent's ability to provide child support that was obtained
14    pursuant to subpoena and proper notice shall be admitted
15    into evidence without the need to establish any further
16    foundation for its admission.
17    (a-5) In an action to enforce an order for support based on
18the respondent's failure to make support payments as required
19by the order, notice of proceedings to hold the respondent in
20contempt for that failure may be served on the respondent by
21personal service or by regular mail addressed to the
22respondent's last known address. The respondent's last known
23address may be determined from records of the clerk of the
24court, from the Federal Case Registry of Child Support Orders,
25or by any other reasonable means.
26    (b) Failure of either parent to comply with an order to pay

 

 

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1support shall be punishable as in other cases of contempt. In
2addition to other penalties provided by law the Court may,
3after finding the parent guilty of contempt, order that the
4parent be:
5        (1) placed on probation with such conditions of
6    probation as the Court deems advisable;
7        (2) sentenced to periodic imprisonment for a period not
8    to exceed 6 months; provided, however, that the Court may
9    permit the parent to be released for periods of time during
10    the day or night to:
11            (A) work; or
12            (B) conduct a business or other self-employed
13        occupation.
14    The Court may further order any part or all of the earnings
15of a parent during a sentence of periodic imprisonment paid to
16the Clerk of the Circuit Court or to the parent having the
17majority of residential responsibility custody or to the
18guardian having the majority of residential responsibility for
19custody of the children of the sentenced parent for the support
20of said children until further order of the Court.
21    If there is a unity of interest and ownership sufficient to
22render no financial separation between a supporting
23non-custodial parent and another person or persons or business
24entity, the court may pierce the ownership veil of the person,
25persons, or business entity to discover assets of the
26supporting non-custodial parent held in the name of that

 

 

HB6192- 76 -LRB097 21718 KTG 70459 b

1person, those persons, or that business entity. The following
2circumstances are sufficient to authorize a court to order
3discovery of the assets of a person, persons, or business
4entity and to compel the application of any discovered assets
5toward payment on the judgment for support:
6        (1) the supporting non-custodial parent and the
7    person, persons, or business entity maintain records
8    together.
9        (2) the supporting non-custodial parent and the
10    person, persons, or business entity fail to maintain an
11    arms length relationship between themselves with regard to
12    any assets.
13        (3) the supporting non-custodial parent transfers
14    assets to the person, persons, or business entity with the
15    intent to perpetrate a fraud on the custodial parent
16    receiving the support.
17    With respect to assets which are real property, no order
18entered under this paragraph shall affect the rights of bona
19fide purchasers, mortgagees, judgment creditors, or other lien
20holders who acquire their interests in the property prior to
21the time a notice of lis pendens pursuant to the Code of Civil
22Procedure or a copy of the order is placed of record in the
23office of the recorder of deeds for the county in which the
24real property is located.
25    The court may also order in cases where the parent is 90
26days or more delinquent in payment of support or has been

 

 

HB6192- 77 -LRB097 21718 KTG 70459 b

1adjudicated in arrears in an amount equal to 90 days obligation
2or more, that the parent's Illinois driving privileges be
3suspended until the court determines that the parent is in
4compliance with the order of support. The court may also order
5that the parent be issued a family financial responsibility
6driving permit that would allow limited driving privileges for
7employment and medical purposes in accordance with Section
87-702.1 of the Illinois Vehicle Code. The clerk of the circuit
9court shall certify the order suspending the driving privileges
10of the parent or granting the issuance of a family financial
11responsibility driving permit to the Secretary of State on
12forms prescribed by the Secretary. Upon receipt of the
13authenticated documents, the Secretary of State shall suspend
14the parent's driving privileges until further order of the
15court and shall, if ordered by the court, subject to the
16provisions of Section 7-702.1 of the Illinois Vehicle Code,
17issue a family financial responsibility driving permit to the
18parent.
19    In addition to the penalties or punishment that may be
20imposed under this Section, any person whose conduct
21constitutes a violation of Section 15 of the Non-Support
22Punishment Act may be prosecuted under that Act, and a person
23convicted under that Act may be sentenced in accordance with
24that Act. The sentence may include but need not be limited to a
25requirement that the person perform community service under
26Section 50 of that Act or participate in a work alternative

 

 

HB6192- 78 -LRB097 21718 KTG 70459 b

1program under Section 50 of that Act. A person may not be
2required to participate in a work alternative program under
3Section 50 of that Act if the person is currently participating
4in a work program pursuant to Section 505.1 of this Act.
5    A support obligation, or any portion of a support
6obligation, which becomes due and remains unpaid as of the end
7of each month, excluding the child support that was due for
8that month to the extent that it was not paid in that month,
9shall accrue simple interest as set forth in Section 12-109 of
10the Code of Civil Procedure. An order for support entered or
11modified on or after January 1, 2006 shall contain a statement
12that a support obligation required under the order, or any
13portion of a support obligation required under the order, that
14becomes due and remains unpaid as of the end of each month,
15excluding the child support that was due for that month to the
16extent that it was not paid in that month, shall accrue simple
17interest as set forth in Section 12-109 of the Code of Civil
18Procedure. Failure to include the statement in the order for
19support does not affect the validity of the order or the
20accrual of interest as provided in this Section.
21    (c) A one-time charge of 20% is imposable upon the amount
22of past-due child support owed on July 1, 1988 which has
23accrued under a support order entered by the court. The charge
24shall be imposed in accordance with the provisions of Section
2510-21 of the Illinois Public Aid Code and shall be enforced by
26the court upon petition.

 

 

HB6192- 79 -LRB097 21718 KTG 70459 b

1    (d) Any new or existing support order entered by the court
2under this Section shall be deemed to be a series of judgments
3against the person obligated to pay support thereunder, each
4such judgment to be in the amount of each payment or
5installment of support and each such judgment to be deemed
6entered as of the date the corresponding payment or installment
7becomes due under the terms of the support order. Each such
8judgment shall have the full force, effect and attributes of
9any other judgment of this State, including the ability to be
10enforced. Notwithstanding any other State or local law to the
11contrary, a lien arises by operation of law against the real
12and personal property of the supporting noncustodial parent for
13each installment of overdue support owed by the supporting
14noncustodial parent.
15    (e) When child support is to be paid through the clerk of
16the court in a county of 1,000,000 inhabitants or less, the
17order shall direct the obligor to pay to the clerk, in addition
18to the child support payments, all fees imposed by the county
19board under paragraph (3) of subsection (u) of Section 27.1 of
20the Clerks of Courts Act. Unless paid in cash or pursuant to an
21order for withholding, the payment of the fee shall be by a
22separate instrument from the support payment and shall be made
23to the order of the Clerk.
24    (f) All orders for support, when entered or modified, shall
25include a provision requiring the obligor to notify the court
26and, in cases in which a party is receiving child and spouse

 

 

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1services under Article X of the Illinois Public Aid Code, the
2Department of Healthcare and Family Services, within 7 days,
3(i) of the name and address of any new employer of the obligor,
4(ii) whether the obligor has access to health insurance
5coverage through the employer or other group coverage and, if
6so, the policy name and number and the names of persons covered
7under the policy, and (iii) of any new residential or mailing
8address or telephone number of the supporting non-custodial
9parent. In any subsequent action to enforce a support order,
10upon a sufficient showing that a diligent effort has been made
11to ascertain the location of the supporting non-custodial
12parent, service of process or provision of notice necessary in
13the case may be made at the last known address of the
14supporting non-custodial parent in any manner expressly
15provided by the Code of Civil Procedure or this Act, which
16service shall be sufficient for purposes of due process.
17    (g) An order for support shall include a date on which the
18current support obligation terminates. The termination date
19shall be no earlier than the date on which the child covered by
20the order will attain the age of 18. However, if the child will
21not graduate from high school until after attaining the age of
2218, then the termination date shall be no earlier than the
23earlier of the date on which the child's high school graduation
24will occur or the date on which the child will attain the age
25of 19. The order for support shall state that the termination
26date does not apply to any arrearage that may remain unpaid on

 

 

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1that date. Nothing in this subsection shall be construed to
2prevent the court from modifying the order or terminating the
3order in the event the child is otherwise emancipated.
4    (g-5) If there is an unpaid arrearage or delinquency (as
5those terms are defined in the Income Withholding for Support
6Act) equal to at least one month's support obligation on the
7termination date stated in the order for support or, if there
8is no termination date stated in the order, on the date the
9child attains the age of majority or is otherwise emancipated,
10the periodic amount required to be paid for current support of
11that child immediately prior to that date shall automatically
12continue to be an obligation, not as current support but as
13periodic payment toward satisfaction of the unpaid arrearage or
14delinquency. That periodic payment shall be in addition to any
15periodic payment previously required for satisfaction of the
16arrearage or delinquency. The total periodic amount to be paid
17toward satisfaction of the arrearage or delinquency may be
18enforced and collected by any method provided by law for
19enforcement and collection of child support, including but not
20limited to income withholding under the Income Withholding for
21Support Act. Each order for support entered or modified on or
22after the effective date of this amendatory Act of the 93rd
23General Assembly must contain a statement notifying the parties
24of the requirements of this subsection. Failure to include the
25statement in the order for support does not affect the validity
26of the order or the operation of the provisions of this

 

 

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1subsection with regard to the order. This subsection shall not
2be construed to prevent or affect the establishment or
3modification of an order for support of a minor child or the
4establishment or modification of an order for support of a
5non-minor child or educational expenses under Section 513 of
6this Act.
7    (h) An order entered under this Section shall include a
8provision requiring the obligor to report to the obligee and to
9the clerk of court within 10 days each time the obligor obtains
10new employment, and each time the obligor's employment is
11terminated for any reason. The report shall be in writing and
12shall, in the case of new employment, include the name and
13address of the new employer. Failure to report new employment
14or the termination of current employment, if coupled with
15nonpayment of support for a period in excess of 60 days, is
16indirect criminal contempt. For any obligor arrested for
17failure to report new employment bond shall be set in the
18amount of the child support that should have been paid during
19the period of unreported employment. An order entered under
20this Section shall also include a provision requiring the
21obligor and obligee parents to advise each other of a change in
22residence within 5 days of the change except when the court
23finds that the physical, mental, or emotional health of a party
24or that of a child, or both, would be seriously endangered by
25disclosure of the party's address.
26    (i) The court does not lose the powers of contempt,

 

 

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1driver's license suspension, or other child support
2enforcement mechanisms, including, but not limited to,
3criminal prosecution as set forth in this Act, upon the
4emancipation of the minor child or children.
5(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
697-608, eff. 1-1-12; revised 10-4-11.)
 
7    (750 ILCS 5/505.1)  (from Ch. 40, par. 505.1)
8    Sec. 505.1. (a) Whenever it is determined in a proceeding
9to establish or enforce a child support or maintenance
10obligation that the person owing a duty of support is
11unemployed, the court may order the person to seek employment
12and report periodically to the court with a diary, listing or
13other memorandum of his or her efforts in accordance with such
14order. Additionally, the court may order the unemployed person
15to report to the Department of Employment Security for job
16search services or to make application with the local Job
17Training Partnership Act provider for participation in job
18search, training or work programs and where the duty of support
19is owed to a child receiving child support enforcement services
20under Article X of the Illinois Public Aid Code, as amended,
21the court may order the unemployed person to report to the
22Department of Healthcare and Family Services for participation
23in job search, training or work programs established under
24Section 9-6 and Article IXA of that Code.
25    (b) Whenever it is determined that a person owes past-due

 

 

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1support for a child or for a child and the parent with whom the
2child is living, and the child is receiving assistance under
3the Illinois Public Aid Code, the court shall order at the
4request of the Department of Healthcare and Family Services:
5        (1) that the person pay the past-due support in
6    accordance with a plan approved by the court; or
7        (2) if the person owing past-due support is unemployed,
8    is subject to such a plan, and is not incapacitated, that
9    the person participate in such job search, training, or
10    work programs established under Section 9-6 and Article IXA
11    of the Illinois Public Aid Code as the court deems
12    appropriate.
13    (c) The court may construe the overall facts and
14circumstances of the case at hand.
15(Source: P.A. 95-331, eff. 8-21-07.)
 
16    (750 ILCS 5/508)  (from Ch. 40, par. 508)
17    Sec. 508. Attorney's Fees; Client's Rights and
18Responsibilities Respecting Fees and Costs.
19    (a) The court from time to time, after due notice and
20hearing, and after considering the financial resources of the
21parties, may order any party to pay a reasonable amount for his
22own or the other party's costs and attorney's fees. Interim
23attorney's fees and costs may be awarded from the opposing
24party, in a pre-judgment dissolution proceeding in accordance
25with subsection (c-1) of Section 501 and in any other

 

 

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1proceeding under this subsection. At the conclusion of any
2pre-judgment dissolution proceeding under this subsection,
3contribution to attorney's fees and costs may be awarded from
4the opposing party in accordance with subsection (j) of Section
5503 and in any other proceeding under this subsection. Fees and
6costs may be awarded in any proceeding to counsel from a former
7client in accordance with subsection (c) of this Section.
8Awards may be made in connection with the following:
9        (1) The maintenance or defense of any proceeding under
10    this Act.
11        (2) The enforcement or modification of any order or
12    judgment under this Act.
13        (3) The defense of an appeal of any order or judgment
14    under this Act, including the defense of appeals of
15    post-judgment orders.
16        (3.1) The prosecution of any claim on appeal (if the
17    prosecuting party has substantially prevailed).
18        (4) The maintenance or defense of a petition brought
19    under Section 2-1401 of the Code of Civil Procedure seeking
20    relief from a final order or judgment under this Act. Fees
21    incurred with respect to motions under Section 2-1401 of
22    the Code of Civil Procedure maybe granted only if the
23    underlying motion is granted.
24        (5) The costs and legal services of an attorney
25    rendered in preparation of the commencement of the
26    proceeding brought under this Act.

 

 

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1        (6) Ancillary litigation incident to, or reasonably
2    connected with, a proceeding under this Act.
3        (7) Costs and attorney's fees incurred in an action
4    under the Hague Convention on the Civil Aspects of
5    International Child Abduction.
6    All petitions for or relating to interim fees and costs
7under this subsection shall be accompanied by an affidavit as
8to the factual basis for the relief requested and all hearings
9relative to any such petition shall be scheduled expeditiously
10by the court. All provisions for contribution under this
11subsection shall also be subject to paragraphs (3), (4), and
12(5) of subsection (j) of Section 503.
13    The court may order that the award of attorney's fees and
14costs (including an interim or contribution award) shall be
15paid directly to the attorney, who may enforce the order in his
16or her name, or that it shall be paid to the appropriate party.
17Judgment may be entered and enforcement had accordingly. Except
18as otherwise provided in subdivision (e)(1) of this Section,
19subsection (c) of this Section is exclusive as to the right of
20any counsel (or former counsel) of record to petition a court
21for an award and judgment for final fees and costs during the
22pendency of a proceeding under this Act.
23    A petition for temporary attorney's fees in a post-judgment
24case shall be heard on a non-evidentiary, summary basis.
25    (b) In every proceeding for the enforcement of an order or
26judgment when the court finds that the failure to comply with

 

 

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1the order or judgment was without compelling cause or
2justification, the court shall order the party against whom the
3proceeding is brought to pay promptly the costs and reasonable
4attorney's fees of the prevailing party. If non-compliance is
5with respect to a discovery order, the non-compliance is
6presumptively without compelling cause or justification, and
7the presumption may only be rebutted by clear and convincing
8evidence. If at any time a court finds that a hearing under
9this Act was precipitated or conducted for any improper
10purpose, the court shall allocate fees and costs of all parties
11for the hearing to the party or counsel found to have acted
12improperly. Improper purposes include, but are not limited to,
13harassment, unnecessary delay, or other acts needlessly
14increasing the cost of litigation.
15    (c) Final hearings for attorney's fees and costs against an
16attorney's own client, pursuant to a Petition for Setting Final
17Fees and Costs of either a counsel or a client, shall be
18governed by the following:
19        (1) No petition of a counsel of record may be filed
20    against a client unless the filing counsel previously has
21    been granted leave to withdraw as counsel of record or has
22    filed a motion for leave to withdraw as counsel. On receipt
23    of a petition of a client under this subsection (c), the
24    counsel of record shall promptly file a motion for leave to
25    withdraw as counsel. If the client and the counsel of
26    record agree, however, a hearing on the motion for leave to

 

 

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1    withdraw as counsel filed pursuant to this subdivision
2    (c)(1) may be deferred until completion of any alternative
3    dispute resolution procedure under subdivision (c)(4). As
4    to any Petition for Setting Final Fees and Costs against a
5    client or counsel over whom the court has not obtained
6    jurisdiction, a separate summons shall issue. Whenever a
7    separate summons is not required, original notice as to a
8    Petition for Setting Final Fees and Costs may be given, and
9    documents served, in accordance with Illinois Supreme
10    Court Rules 11 and 12.
11        (2) No final hearing under this subsection (c) is
12    permitted unless: (i) the counsel and the client had
13    entered into a written engagement agreement at the time the
14    client retained the counsel (or reasonably soon
15    thereafter) and the agreement meets the requirements of
16    subsection (f); (ii) the written engagement agreement is
17    attached to an affidavit of counsel that is filed with the
18    petition or with the counsel's response to a client's
19    petition; (iii) judgment in any contribution hearing on
20    behalf of the client has been entered or the right to a
21    contribution hearing under subsection (j) of Section 503
22    has been waived; (iv) the counsel has withdrawn as counsel
23    of record; and (v) the petition seeks adjudication of all
24    unresolved claims for fees and costs between the counsel
25    and the client. Irrespective of a Petition for Setting
26    Final Fees and Costs being heard in conjunction with an

 

 

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1    original proceeding under this Act, the relief requested
2    under a Petition for Setting Final Fees and Costs
3    constitutes a distinct cause of action. A pending but
4    undetermined Petition for Setting Final Fees and Costs
5    shall not affect appealability of any judgment or other
6    adjudication in the original proceeding.
7        (3) The determination of reasonable attorney's fees
8    and costs either under this subsection (c), whether
9    initiated by a counsel or a client, or in an independent
10    proceeding for services within the scope of subdivisions
11    (1) through (5) of subsection (a), is within the sound
12    discretion of the trial court. The court shall first
13    consider the written engagement agreement and, if the court
14    finds that the former client and the filing counsel,
15    pursuant to their written engagement agreement, entered
16    into a contract which meets applicable requirements of
17    court rules and addresses all material terms, then the
18    contract shall be enforceable in accordance with its terms,
19    subject to the further requirements of this subdivision
20    (c)(3). Before ordering enforcement, however, the court
21    shall consider the performance pursuant to the contract.
22    Any amount awarded by the court must be found to be fair
23    compensation for the services, pursuant to the contract,
24    that the court finds were reasonable and necessary. Quantum
25    meruit principles shall govern any award for legal services
26    performed that is not based on the terms of the written

 

 

HB6192- 90 -LRB097 21718 KTG 70459 b

1    engagement agreement (except that, if a court expressly
2    finds in a particular case that aggregate billings to a
3    client were unconscionably excessive, the court in its
4    discretion may reduce the award otherwise determined
5    appropriate or deny fees altogether).
6        (4) No final hearing under this subsection (c) is
7    permitted unless any controversy over fees and costs (that
8    is not otherwise subject to some form of alternative
9    dispute resolution) has first been submitted to mediation,
10    arbitration, or any other court approved alternative
11    dispute resolution procedure, except as follows:
12            (A) In any circuit court for a single county with a
13        population in excess of 1,000,000, the requirement of
14        the controversy being submitted to an alternative
15        dispute resolution procedure is mandatory unless the
16        client and the counsel both affirmatively opt out of
17        such procedures; or
18            (B) In any other circuit court, the requirement of
19        the controversy being submitted to an alternative
20        dispute resolution procedure is mandatory only if
21        neither the client nor the counsel affirmatively opts
22        out of such procedures.
23        After completion of any such procedure (or after one or
24    both sides has opted out of such procedures), if the
25    dispute is unresolved, any pending motion for leave to
26    withdraw as counsel shall be promptly granted and a final

 

 

HB6192- 91 -LRB097 21718 KTG 70459 b

1    hearing under this subsection (c) shall be expeditiously
2    set and completed.
3        (5) A petition (or a praecipe for fee hearing without
4    the petition) shall be filed no later than the end of the
5    period in which it is permissible to file a motion pursuant
6    to Section 2-1203 of the Code of Civil Procedure. A
7    praecipe for fee hearing shall be dismissed if a Petition
8    for Setting Final Fees and Costs is not filed within 60
9    days after the filing of the praecipe. A counsel who
10    becomes a party by filing a Petition for Setting Final Fees
11    and Costs, or as a result of the client filing a Petition
12    for Setting Final Fees and Costs, shall not be entitled to
13    exercise the right to a substitution of a judge without
14    cause under subdivision (a)(2) of Section 2-1001 of the
15    Code of Civil Procedure. Each of the foregoing deadlines
16    for the filing of a praecipe or a petition shall be:
17        (A) tolled if a motion is filed under Section 2-1203 of
18    the Code of Civil Procedure, in which instance a petition
19    (or a praecipe) shall be filed no later than 30 days
20    following disposition of all Section 2-1203 motions; or
21        (B) tolled if a notice of appeal is filed, in which
22    instance a petition (or praecipe) shall be filed no later
23    than 30 days following the date jurisdiction on the issue
24    appealed is returned to the trial court.
25    If a praecipe has been timely filed, then by timely filed
26written stipulation between counsel and client (or former

 

 

HB6192- 92 -LRB097 21718 KTG 70459 b

1client), the deadline for the filing of a petition may be
2extended for a period of up to one year.
3    (c-5) Counsel that has either withdrawn or been discharged
4may file and have heard a petition to be paid from the marital
5estate during the pendency of the case. The court shall review
6the records and any hearing shall be conducted between the
7petitioning counsel and the former client with the
8determination of reasonableness of the claim based upon the
9terms of the attorney-client relationship. Any award shall be
10paid from the marital estate and be considered an advance
11against the client's share of the marital estate.
12    (d) A consent judgment, in favor of a current counsel of
13record against his or her own client for a specific amount in a
14marital settlement agreement, dissolution judgment, or any
15other instrument involving the other litigant, is prohibited. A
16consent judgment between client and counsel, however, is
17permissible if it is entered pursuant to a verified petition
18for entry of consent judgment, supported by an affidavit of the
19counsel of record that includes the counsel's representation
20that the client has been provided an itemization of the billing
21or billings to the client, detailing hourly costs, time spent,
22and tasks performed, and by an affidavit of the client
23acknowledging receipt of that documentation, awareness of the
24right to a hearing, the right to be represented by counsel
25(other than counsel to whom the consent judgment is in favor),
26and the right to be present at the time of presentation of the

 

 

HB6192- 93 -LRB097 21718 KTG 70459 b

1petition, and agreement to the terms of the judgment. The
2petition may be filed at any time during which it is
3permissible for counsel of record to file a petition (or a
4praecipe) for a final fee hearing, except that no such petition
5for entry of consent judgment may be filed before adjudication
6(or waiver) of the client's right to contribution under
7subsection (j) of Section 503 or filed after the filing of a
8petition (or a praecipe) by counsel of record for a fee hearing
9under subsection (c) if the petition (or praecipe) remains
10pending. No consent security arrangement between a client and a
11counsel of record, pursuant to which assets of a client are
12collateralized to secure payment of legal fees or costs, is
13permissible unless approved in advance by the court as being
14reasonable under the circumstances.
15    (e) Counsel may pursue an award and judgment against a
16former client for legal fees and costs in an independent
17proceeding in the following circumstances:
18        (1) While a case under this Act is still pending, a
19    former counsel may pursue such an award and judgment at any
20    time subsequent to 90 days after the entry of an order
21    granting counsel leave to withdraw; and
22        (2) After the close of the period during which a
23    petition (or praecipe) may be filed under subdivision
24    (c)(5), if no such petition (or praecipe) for the counsel
25    remains pending, any counsel or former counsel may pursue
26    such an award and judgment in an independent proceeding.

 

 

HB6192- 94 -LRB097 21718 KTG 70459 b

1In an independent proceeding, the prior applicability of this
2Section shall in no way be deemed to have diminished any other
3right of any counsel (or former counsel) to pursue an award and
4judgment for legal fees and costs on the basis of remedies that
5may otherwise exist under applicable law; and the limitations
6period for breach of contract shall apply. In an independent
7proceeding under subdivision (e)(1) in which the former counsel
8had represented a former client in a dissolution case that is
9still pending, the former client may bring in his or her spouse
10as a third-party defendant, provided on or before the final
11date for filing a petition (or praecipe) under subsection (c),
12the party files an appropriate third-party complaint under
13Section 2-406 of the Code of Civil Procedure. In any such case,
14any judgment later obtained by the former counsel shall be
15against both spouses or ex-spouses, jointly and severally
16(except that, if a hearing under subsection (j) of Section 503
17has already been concluded and the court hearing the
18contribution issue has imposed a percentage allocation between
19the parties as to fees and costs otherwise being adjudicated in
20the independent proceeding, the allocation shall be applied
21without deviation by the court in the independent proceeding
22and a separate judgment shall be entered against each spouse
23for the appropriate amount). After the period for the
24commencement of a proceeding under subsection (c), the
25provisions of this Section (other than the standard set forth
26in subdivision (c)(3) and the terms respecting consent security

 

 

HB6192- 95 -LRB097 21718 KTG 70459 b

1arrangements in subsection (d) of this Section 508) shall be
2inapplicable.
3    The changes made by this amendatory Act of the 94th General
4Assembly are declarative of existing law.
5    (f) Unless the Supreme Court by rule addresses the matters
6set out in this subsection (f), a written engagement agreement
7within the scope of subdivision (c)(2) shall have appended to
8it verbatim the following Statement:
 
9
"STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
10    (1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement
11agreement, prepared by the counsel, shall clearly address the
12objectives of representation and detail the fee arrangement,
13including all material terms. If fees are to be based on
14criteria apart from, or in addition to, hourly rates, such
15criteria (e.g., unique time demands and/or utilization of
16unique expertise) shall be delineated. The client shall receive
17a copy of the written engagement agreement and any additional
18clarification requested and is advised not to sign any such
19agreement which the client finds to be unsatisfactory or does
20not understand.
21    (2) REPRESENTATION. Representation will commence upon the
22signing of the written engagement agreement. The counsel will
23provide competent representation, which requires legal
24knowledge, skill, thoroughness and preparation to handle those
25matters set forth in the written engagement agreement. Once

 

 

HB6192- 96 -LRB097 21718 KTG 70459 b

1employed, the counsel will act with reasonable diligence and
2promptness, as well as use his best efforts on behalf of the
3client, but he cannot guarantee results. The counsel will abide
4by the client's decision concerning the objectives of
5representation, including whether or not to accept an offer of
6settlement, and will endeavor to explain any matter to the
7extent reasonably necessary to permit the client to make
8informed decisions regarding representation. During the course
9of representation and afterwards, the counsel may not use or
10reveal a client's confidence or secrets, except as required or
11permitted by law.
12    (3) COMMUNICATION. The counsel will keep the client
13reasonably informed about the status of representation and will
14promptly respond to reasonable requests for information,
15including any reasonable request for an estimate respecting
16future costs of the representation or an appropriate portion of
17it. The client shall be truthful in all discussions with the
18counsel and provide all information or documentation required
19to enable the counsel to provide competent representation.
20During representation, the client is entitled to receive all
21pleadings and substantive documents prepared on behalf of the
22client and every document received from any other counsel of
23record. At the end of the representation and on written request
24from the client, the counsel will return to the client all
25original documents and exhibits. In the event that the counsel
26withdraws from representation, or is discharged by the client,

 

 

HB6192- 97 -LRB097 21718 KTG 70459 b

1the counsel will turn over to the substituting counsel (or, if
2no substitutions, to the client) all original documents and
3exhibits together with complete copies of all pleadings and
4discovery within thirty (30) days of the counsel's withdrawal
5or discharge.
6    (4) ETHICAL CONDUCT. The counsel cannot be required to
7engage in conduct which is illegal, unethical, or fraudulent.
8In matters involving minor children, the counsel may refuse to
9engage in conduct which, in the counsel's professional
10judgment, would be contrary to the best interest of the
11client's minor child or children. A counsel who cannot
12ethically abide by his client's directions shall be allowed to
13withdraw from representation.
14    (5) FEES. The counsel's fee for services may not be
15contingent upon the securing of a dissolution of marriage, upon
16obtaining custody, or be based upon the amount of maintenance,
17child support, or property settlement received, except as
18specifically permitted under Supreme Court rules. The counsel
19may not require a non-refundable retainer fee, but must remit
20back any overpayment at the end of the representation. The
21counsel may enter into a consensual security arrangement with
22the client whereby assets of the client are pledged to secure
23payment of legal fees or costs, but only if the counsel first
24obtains approval of the Court. The counsel will prepare and
25provide the client with an itemized billing statement detailing
26hourly rates (and/or other criteria), time spent, tasks

 

 

HB6192- 98 -LRB097 21718 KTG 70459 b

1performed, and costs incurred on a regular basis, at least
2quarterly. The client should review each billing statement
3promptly and address any objection or error in a timely manner.
4The client will not be billed for time spent to explain or
5correct a billing statement. If an appropriately detailed
6written estimate is submitted to a client as to future costs
7for a counsel's representation or a portion of the contemplated
8services (i.e., relative to specific steps recommended by the
9counsel in the estimate) and, without objection from the
10client, the counsel then performs the contemplated services,
11all such services are presumptively reasonable and necessary,
12as well as to be deemed pursuant to the client's direction. In
13an appropriate case, the client may pursue contribution to his
14or her fees and costs from the other party.
15    (6) DISPUTES. The counsel-client relationship is regulated
16by the Illinois Rules of Professional Conduct (Article VIII of
17the Illinois Supreme Court Rules), and any dispute shall be
18reviewed under the terms of such Rules."
19    (g) The changes to this Section 508 made by this amendatory
20Act of 1996 apply to cases pending on or after June 1, 1997,
21except as follows:
22        (1) Subdivisions (c)(1) and (c)(2) of this Section 508,
23    as well as provisions of subdivision (c)(3) of this Section
24    508 pertaining to written engagement agreements, apply
25    only to cases filed on or after June 1, 1997.
26        (2) The following do not apply in the case of a hearing

 

 

HB6192- 99 -LRB097 21718 KTG 70459 b

1    under this Section that began before June 1, 1997:
2            (A) Subsection (c-1) of Section 501.
3            (B) Subsection (j) of Section 503.
4            (C) The changes to this Section 508 made by this
5        amendatory Act of 1996 pertaining to the final setting
6        of fees.
7(Source: P.A. 96-583, eff. 1-1-10.)
 
8    (750 ILCS 5/510)  (from Ch. 40, par. 510)
9    Sec. 510. Modification and termination of provisions for
10maintenance, support, educational expenses, and property
11disposition.
12    (a) Except as otherwise provided in paragraph (f) of
13Section 502 and in subsection (b), clause (3) of Section 505.2,
14the provisions of any judgment respecting maintenance or
15support may be modified only as to installments accruing
16subsequent to due notice by the moving party of the filing of
17the motion for modification. An order for child support may be
18modified as follows:
19        (1) upon a showing of a substantial change in
20    circumstances; and
21        (2) without the necessity of showing a substantial
22    change in circumstances, as follows:
23            (A) upon a showing of an inconsistency of at least
24        20%, but no less than $10 per month, between the amount
25        of the existing order and the amount of child support

 

 

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1        that results from application of the guidelines
2        specified in Section 505 of this Act unless the
3        inconsistency is due to the fact that the amount of the
4        existing order resulted from a deviation from the
5        guideline amount and there has not been a change in the
6        circumstances that resulted in that deviation; or
7            (B) upon a showing of a need to provide for the
8        health care needs of the child under the order through
9        health insurance or other means. In no event shall the
10        eligibility for or receipt of medical assistance be
11        considered to meet the need to provide for the child's
12        health care needs.
13    The provisions of subparagraph (a)(2)(A) shall apply only
14in cases in which a party is receiving child support
15enforcement services from the Department of Healthcare and
16Family Services under Article X of the Illinois Public Aid
17Code, and only when at least 36 months have elapsed since the
18order for child support was entered or last modified.
19    (a-5) An order for maintenance may be modified or
20terminated only upon a showing of a substantial change in
21circumstances. In all such proceedings, as well as in
22proceedings in which maintenance is being reviewed, the court
23shall consider the applicable factors set forth in subsection
24(a) of Section 504 and the following factors:
25        (1) any change in the employment status of either party
26    and whether the change has been made in good faith;

 

 

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1        (2) the efforts, if any, made by the party receiving
2    maintenance to become self-supporting, and the
3    reasonableness of the efforts where they are appropriate;
4        (3) any impairment of the present and future earning
5    capacity of either party;
6        (4) the tax consequences of the maintenance payments
7    upon the respective economic circumstances of the parties;
8        (5) the duration of the maintenance payments
9    previously paid (and remaining to be paid) relative to the
10    length of the marriage;
11        (6) the property, including retirement benefits,
12    awarded to each party under the judgment of dissolution of
13    marriage, judgment of legal separation, or judgment of
14    declaration of invalidity of marriage and the present
15    status of the property;
16        (7) the increase or decrease in each party's income
17    since the prior judgment or order from which a review,
18    modification, or termination is being sought;
19        (8) the property acquired and currently owned by each
20    party after the entry of the judgment of dissolution of
21    marriage, judgment of legal separation, or judgment of
22    declaration of invalidity of marriage; and
23        (9) any other factor that the court expressly finds to
24    be just and equitable.
25    (b) The provisions as to property disposition may not be
26revoked or modified, unless the court finds the existence of

 

 

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1conditions that justify the reopening of a judgment under the
2laws of this State.
3    (c) Unless otherwise agreed by the parties in a written
4agreement set forth in the judgment or otherwise approved by
5the court, the obligation to pay future maintenance is
6terminated upon the death of either party, or the remarriage of
7the party receiving maintenance, entry by the party receiving
8maintenance into a civil union, or if the party receiving
9maintenance cohabits with another person on a resident,
10continuing conjugal basis. Any obligation of a payor party for
11premium payments respecting insurance on such party's life
12imposed under subsection (f) of Section 504 is also terminated
13on the occurrence of any of the foregoing events, unless
14otherwise agreed by the parties. Any termination of an
15obligation for maintenance as a result of the death of the
16payor party, however, shall be inapplicable to any right of the
17other party or such other party's designee to receive a death
18benefit under such insurance on the payor party's life. A party
19receiving maintenance must advise the payor of his or her
20intention to marry or enter into a civil union at least 30 days
21before the remarriage or entry into the civil union, unless the
22decision is made within said time period. In that event, he or
23she must notify the other party within 72 hours of getting
24married or entering into a civil union.
25    (d) Unless otherwise provided in this Act, or as agreed in
26writing or expressly provided in the judgment, provisions for

 

 

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1the support of a child are terminated by emancipation of the
2child, or if the child has attained the age of 18 and is still
3attending high school, provisions for the support of the child
4are terminated upon the date that the child graduates from high
5school or the date the child attains the age of 19, whichever
6is earlier, but not by the death of a parent obligated to
7support or educate the child. An existing obligation to pay for
8support or educational expenses, or both, is not terminated by
9the death of a parent. When a parent obligated to pay support
10or educational expenses, or both, dies, the amount of support
11or educational expenses, or both, may be enforced, modified,
12revoked or commuted to a lump sum payment, as equity may
13require, and that determination may be provided for at the time
14of the dissolution of the marriage or thereafter.
15    (e) The right to petition for support or educational
16expenses, or both, under Sections 505 and 513 is not
17extinguished by the death of a parent. Upon a petition filed
18before or after a parent's death, the court may award sums of
19money out of the decedent's estate for the child's support or
20educational expenses, or both, as equity may require. The time
21within which a claim may be filed against the estate of a
22decedent under Sections 505 and 513 and subsection (d) and this
23subsection shall be governed by the provisions of the Probate
24Act of 1975, as a barrable, noncontingent claim.
25    (f) A petition to modify or terminate child support,
26custody, or visitation shall not delay any child support

 

 

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1enforcement litigation or supplementary proceeding on behalf
2of the obligee, including, but not limited to, a petition for a
3rule to show cause, for non-wage garnishment, or for a
4restraining order.
5    (g) Whenever there is a change in an order of maintenance,
6the court shall make and enter upon the record the specific
7factual findings that support the change in the maintenance
8award.
9(Source: P.A. 97-608, eff. 1-1-12.)
 
10    (750 ILCS 5/512)  (from Ch. 40, par. 512)
11    Sec. 512. Post-Judgment Venue.) After 30 days from the
12entry of a judgment of dissolution of marriage or the last
13modification thereof, any further proceedings to enforce or
14modify the judgment shall be as follows:
15    (a) If the respondent does not then reside within this
16State, further proceedings shall be had either in the judicial
17circuit wherein the moving party resides or where the judgment
18was entered or last modified.
19    (b) If one or both of the parties then resides in the
20judicial circuit wherein the judgment was entered or last
21modified, further proceedings shall be had in the judicial
22circuit that last exercised jurisdiction in the matter;
23provided, however, that the court may in its discretion,
24transfer matters involving a change in child custody to the
25judicial circuit where the minor or dependent child resides.

 

 

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1    (c) If neither party then resides in the judicial circuit
2wherein the judgment was entered or last modified, further
3proceedings shall be had in that circuit or in the judicial
4circuit wherein either party resides or where the respondent is
5actively employed; provided, however, that the court may, in
6its discretion, transfer matters involving a change in child
7custody to the judicial circuit where the minor or dependent
8child resides.
9    (d) Objection to venue is waived if not made within such
10time as the respondent's answer is due. Counter relief shall be
11heard and determined by the court hearing any matter already
12pending.
13(Source: P.A. 80-923.)
 
14    (750 ILCS 5/513)  (from Ch. 40, par. 513)
15    Sec. 513. Educational expenses Support for a Non-minor
16Child Children and Educational Expenses.
17    (a) The court may award sums of money out of the property
18and income of either or both parties or the estate of a
19deceased parent, as equity may require, for the educational
20expenses support of any the child or children of the parties.
21Unless otherwise agreed to by the parties, all educational
22expenses which are the subject of a petition brought pursuant
23to this Section shall be incurred no later than the student's
2423rd birthday.
25    (b) Regardless of whether an award has been made under

 

 

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1subsection (a), the court may require both parties and the
2child to complete the Free Application for Federal Student Aid
3(FAFSA) and other financial aid forms and to submit any form of
4that type prior to the designated submission deadline for the
5form. The court may require either or both parties to provide
6funds for the child so as to pay for the cost of up to 5 college
7applications, the cost of 2 standardized college entrance
8examinations, and the cost of one standardized college entrance
9examination preparatory course.
10    (c) The authority under this Section to make provision for
11educational expenses extends not only to periods of college
12education or vocational or professional or other training after
13graduation from high school, but also to any period during
14which the child of the parties is still attending high school,
15even though he or she attained the age of 19.
16    (d) Educational expenses may include, but shall not be
17limited to, the following:
18        (1) the actual cost of the child's post-secondary
19    expenses, including tuition and fees, provided that the
20    cost for tuition and fees does not exceed the amount of
21    tuition and fees paid by a student at the University of
22    Illinois at Urbana-Champaign for the same academic year;
23        (2) the actual costs of the child's housing expenses,
24    whether on-campus and off-campus, provided that the
25    housing expenses do not exceed the cost for the same
26    academic year of a double-occupancy student room, with a

 

 

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1    standard meal plan, in a residence hall operated by the
2    University of Illinois at Urbana-Champaign;
3        (3) the actual costs of the child's medical expenses,
4    including medical insurance, and dental expenses; and
5        (4) the reasonable living expenses of the child during
6    the academic year and periods of recess:
7            (A) if the child is a resident student attending a
8        post-secondary educational program; or
9            (B) if the child is living with one party at that
10        party's home and attending a post-secondary
11        educational program as a non-resident student, in
12        which case the living expenses include an amount that
13        pays for the reasonable cost of the child's food,
14        utilities, and transportation.
15    (e) Sums may be ordered payable to the child, to either
16party, or to the educational institution, directly or through a
17special account or trust created for that purpose, as the court
18sees fit.
19    (f) If educational expenses are ordered payable, each party
20and the child shall sign any consents necessary for the
21educational institution to provide a supporting party with
22access to the child's academic transcripts, records, and grade
23reports. The consents shall not apply to any non-academic
24records. Failure to execute the required consent may be a basis
25for a modification or termination of any order entered under
26this Section. Unless the court specifically finds that the

 

 

HB6192- 108 -LRB097 21718 KTG 70459 b

1child's safety would be jeopardized, each party is entitled to
2know the name of the educational institution the child attends.
3    (g) The authority under this Section to make provision for
4educational expenses terminates when the child: fails to
5maintain a "C" grade point average, except in the event of
6illness or another extenuating circumstance; attains the age of
723; receives a baccalaureate degree; or marries or becomes a
8party to a civil union. A child's enlisting in the armed
9forces, being incarcerated, or becoming pregnant do not
10terminate the court's authority to make provisions for the
11educational expenses for the child.
12    (h) An account established prior to the dissolution that is
13to be used for the child's post-secondary education, that is an
14account in a state tuition program under Section 529 of the
15Internal Revenue Code, or that is some other college savings
16plan is to be considered by the court to be a resource of the
17child, provided that any post-judgment contribution made by a
18party to such an account is to be considered a contribution
19from that party.
20    (i) If the parties have a marital settlement agreement or a
21civil union settlement agreement that does not include language
22specifically describing an agreement as to how the child's
23educational expenses will be paid, the child is not a third
24party beneficiary to the parties' agreement and is not entitled
25to file a petition for contribution. If the parties' settlement
26agreement describes the manner in which a child's educational

 

 

HB6192- 109 -LRB097 21718 KTG 70459 b

1expenses will be paid, or if the court makes an award pursuant
2to this Section, then the parties are responsible pursuant to
3that agreement or award for the child's educational expenses,
4but in no event shall the court consider the child a third
5party beneficiary of that provision.
6who have attained majority in the following instances:
7        (1) When the child is mentally or physically disabled
8    and not otherwise emancipated, an application for support
9    may be made before or after the child has attained
10    majority.
11        (2) The court may also make provision for the
12    educational expenses of the child or children of the
13    parties, whether of minor or majority age, and an
14    application for educational expenses may be made before or
15    after the child has attained majority, or after the death
16    of either parent. The authority under this Section to make
17    provision for educational expenses extends not only to
18    periods of college education or professional or other
19    training after graduation from high school, but also to any
20    period during which the child of the parties is still
21    attending high school, even though he or she attained the
22    age of 19. The educational expenses may include, but shall
23    not be limited to, room, board, dues, tuition,
24    transportation, books, fees, registration and application
25    costs, medical expenses including medical insurance,
26    dental expenses, and living expenses during the school year

 

 

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1    and periods of recess, which sums may be ordered payable to
2    the child, to either parent, or to the educational
3    institution, directly or through a special account or trust
4    created for that purpose, as the court sees fit.
5        If educational expenses are ordered payable, each
6    parent and the child shall sign any consents necessary for
7    the educational institution to provide the supporting
8    parent with access to the child's academic transcripts,
9    records, and grade reports. The consents shall not apply to
10    any non-academic records. Failure to execute the required
11    consent may be a basis for a modification or termination of
12    any order entered under this Section. Unless the court
13    specifically finds that the child's safety would be
14    jeopardized, each parent is entitled to know the name of
15    the educational institution the child attends. This
16    amendatory Act of the 95th General Assembly applies to all
17    orders entered under this paragraph (2) on or after the
18    effective date of this amendatory Act of the 95th General
19    Assembly.
20        The authority under this Section to make provision for
21    educational expenses, except where the child is mentally or
22    physically disabled and not otherwise emancipated,
23    terminates when the child receives a baccalaureate degree.
24    (j) (b) In making awards under this Section paragraph (1)
25or (2) of subsection (a), or pursuant to a petition or motion
26to decrease, modify, or terminate any such award, the court

 

 

HB6192- 111 -LRB097 21718 KTG 70459 b

1shall consider all relevant factors that appear reasonable and
2necessary, including:
3        (1) The present and future financial resources of both
4    parties to meet their needs, including, but not limited to,
5    savings for retirement The financial resources of both
6    parents.
7        (2) The standard of living the child would have enjoyed
8    had the marriage or civil union not been dissolved. The
9    court may consider factors beyond the pure financial
10    circumstances of the parties.
11        (3) The financial resources of the child.
12        (4) The child's academic performance.
13    (k) Relief under this Section is retroactive only to the
14date of filing of a petition.
15(Source: P.A. 95-954, eff. 8-29-08.)
 
16    (750 ILCS 5/513.5 new)
17    Sec. 513.5. Support for a non-minor disabled child.
18    (a) The court may award sums of money out of the property
19and income of either or both parties or the estate of a
20deceased parent, as equity may require, for the support of a
21child of the parties who has attained majority when the child
22is mentally or physically disabled and not otherwise
23emancipated. An application for support for a non-minor
24disabled child may be made before or after the child has
25attained majority. Unless an application for educational

 

 

HB6192- 112 -LRB097 21718 KTG 70459 b

1expenses is made for a mentally or physically disabled child
2under Section 513, the disability that is the basis for the
3application for support must have arisen before the child
4attained majority.
5    (b) In making awards under this Section, or pursuant to a
6petition or motion to decrease, modify, or terminate any such
7award, the court shall consider all relevant factors that
8appear reasonable and necessary, including:
9        (1) The present and future financial resources of both
10    parties to meet their needs, including, but not limited to,
11    savings for retirement.
12        (2) The standard of living the child would have enjoyed
13    had the marriage or civil union not been dissolved. The
14    court may consider factors beyond the pure financial
15    circumstances of the parties.
16        (3) The financial resources of the child.
17        (4) Any financial or other resource provided to or for
18    the child including, but not limited to, any Supplemental
19    Security Income, any home-based support provided pursuant
20    to the Home-Based Support Services Law for Mentally
21    Disabled Adults, and any other State, federal, or local
22    benefit available to the non-minor disabled child.
23    (c) As used in this Section:
24    A "disabled" individual means an individual who has a
25physical or mental impairment that substantially limits a major
26life activity, has a record of such an impairment, or is

 

 

HB6192- 113 -LRB097 21718 KTG 70459 b

1regarded as having such an impairment.
2    "Disability" means a mental or physical impairment that
3substantially limits a major life activity.
 
4    (750 ILCS 5/Pt. VI heading)
5
PART VI
6
ALLOCATION OF PARENTAL RESPONSIBILITIES CUSTODY

 
7    (750 ILCS 5/600 new)
8    Sec. 600. Definitions. For purposes of this Part VI:
9    "Abuse" has the meaning ascribed to that term in Section
10103 of the Illinois Domestic Violence Act of 1986.
11    "Allocation judgment" means a judgment allocating parental
12responsibilities.
13    "Caretaking functions" means tasks that involve
14interaction with a child or that direct, arrange, and supervise
15the interaction with and care of a child provided by others, or
16for obtaining the resources allowing for the provision of these
17functions. The term includes, but is not limited to, the
18following:
19        (1) Satisfying a child's nutritional needs; managing a
20    child's bedtime and wake-up routines; caring for a child
21    when the child is sick or injured; being attentive to a
22    child's personal hygiene needs, including washing,
23    grooming, and dressing; playing with a child and arranging
24    for recreation; protecting a child's physical safety; and

 

 

HB6192- 114 -LRB097 21718 KTG 70459 b

1    providing transportation for a child.
2        (2) Directing a child's various developmental needs,
3    including the acquisition of motor and language skills,
4    toilet training, self-confidence, and maturation.
5        (3) Providing discipline, giving instruction in
6    manners, assigning and supervising chores, and performing
7    other tasks that attend to a child's needs for behavioral
8    control and self-restraint.
9        (4) Arranging for a child's education, including
10    arranging for remedial or special services appropriate to
11    the child's needs and interests, communicating with
12    teachers and counselors, and supervising homework.
13        (5) Helping a child develop and maintain appropriate
14    interpersonal relationships with peers, siblings, and
15    other family members.
16        (6) Arranging for health-care providers, medical
17    follow-up, and home health care for a child.
18        (7) Providing moral and ethical guidance for a child.
19        (8) Arranging alternative care for a child by a family
20    member, babysitter, or other child-care provider or
21    facility, including investigating such alternatives,
22    communicating with providers, and supervising such care.
23    "Equitable parent" means a person who, though not a legal
24parent of a child:
25        (1) is obligated by a court order to pay child support
26    for the child; or

 

 

HB6192- 115 -LRB097 21718 KTG 70459 b

1        (2) is the child's stepparent; or
2        (3) lived with the child for at least 2 years and:
3            (A) during that time (i) had a reasonable,
4        good-faith belief that he or she was the child's
5        biological parent, based on marriage to the child's
6        legal parent or on the actions or representations of
7        the legal parent, and (ii) performed or contributed to
8        the performance of caretaking functions consistent
9        with that belief; and
10            (B) continued to make reasonable, good-faith
11        efforts to accept parental responsibilities with
12        respect to the child if thereafter that belief no
13        longer existed; or
14        (4) lived with the child since the child's birth or for
15    at least 2 years, and held himself out as the child's
16    parent while accepting parental responsibilities, under an
17    agreement with the child's legal parent (or, if there are 2
18    legal parents, both parents) to rear the child together,
19    each with allocated parental rights and responsibilities,
20    provided that a court finds that recognition of the person
21    as a parent is in the child's best interests.
22    "Legal parent" means a biological or adoptive parent of a
23child.
24    "Parent" means a legal parent or an equitable parent.
25    "Parental responsibilities" means both parenting time and
26significant decision-making responsibilities with respect to a

 

 

HB6192- 116 -LRB097 21718 KTG 70459 b

1child.
2    "Parenting time" means the time during which a parent is
3physically with a child and exercises caretaking functions and
4non-significant decision-making responsibilities with respect
5to the child.
6    "Parenting plan" means a written agreement that allocates
7significant decision-making responsibilities, parenting time,
8or both.
9    "Relocation" means a change of residence of more than 25
10miles for more than 90 days that significantly impairs a
11parent's ability to exercise the parental responsibilities
12that the parent has been exercising or is entitled to exercise
13under a parenting plan or allocation judgment.
14    "Religious upbringing" means the choice of religion or
15denomination of a religion, religious schooling, religious
16training, or participation in religious customs or practices.
17    "Residential responsibility" means the amount of time a
18child spends in a parent's care.
19    "Restriction of parenting time" means any limitation or
20condition placed on parenting time, including supervision.
21    "Significant decision-making" means deciding issues of
22long-term importance in the life of a child.
23    "Stepparent" means a person, other than a biological or
24adoptive parent, who is or was married to a legal parent.
25    "Supervision" means the presence of a third party during a
26parent's exercise of parenting time.
 

 

 

HB6192- 117 -LRB097 21718 KTG 70459 b

1    (750 ILCS 5/601.2 new)
2    Sec. 601.2. Jurisdiction; commencement of proceeding.
3    (a) A court of this State that is competent to allocate
4parental responsibilities has jurisdiction to make such an
5allocation in original or modification proceedings as provided
6in Section 201 of the Uniform Child-Custody Jurisdiction and
7Enforcement Act as adopted by this State.
8    (b) A proceeding for allocation of parental
9responsibilities with respect to a child is commenced in the
10court:
11        (1) By a legal parent, by filing a petition for:
12            (A) dissolution of marriage or legal separation or
13        declaration of invalidity of marriage; or
14            (B) allocation of parental responsibilities with
15        respect to the child in the county in which the child
16        resides.
17        (2) By an equitable parent, as defined in Section 600,
18    by filing a petition for allocation of parental
19    responsibilities, if all of the following circumstances
20    are met:
21            (A) a legal parent is deceased or disabled and
22        cannot perform caretaking functions with respect to
23        the child; and
24            (B) it is alleged to be in the child's best
25        interests for the equitable parent to assume or

 

 

HB6192- 118 -LRB097 21718 KTG 70459 b

1        continue exercising parental responsibilities, as
2        provided in Sections 602.5 and 602.7.
3        (3) By an equitable parent, as defined in Section 600,
4    seeking only an allocation of parenting time:
5            (A) if the legal parent and the equitable parent
6        have terminated their relationship; or
7            (B) if the legal parent and the equitable parent
8        are opposing parties in a pending action for
9        dissolution of marriage, legal separation, declaration
10        of invalidity of marriage, or parentage.
11        For purposes of subdivision (b)(3)(A), the
12    relationship between a legal parent and an equitable parent
13    is presumed to have terminated if those parents are
14    residing in separate residences.
15    (c) When a proceeding for allocation of parental
16responsibilities is commenced, the parent commencing the
17action must, at least 30 days before any hearing on the
18petition, serve a written notice and a copy of the petition on
19the child's parent and on any party previously appearing in any
20prior proceeding for allocation of parental responsibilities
21with respect to the child. Nothing in this Section shall
22preclude a party in a proceeding for allocation of parental
23responsibilities from moving for a temporary order under
24Section 602.5.
 
25    (750 ILCS 5/602.5 new)

 

 

HB6192- 119 -LRB097 21718 KTG 70459 b

1    Sec. 602.5. Allocation of parental responsibilities:
2decision-making.
3    (a) Generally. The court shall allocate decision-making
4responsibilities according to the child's best interests.
5Nothing in this Act requires that every parent be allocated
6decision-making responsibilities.
7    (b) Allocation of significant decision-making
8responsibilities. If a legal parent is exercising parental
9responsibilities with respect to the child, the court shall not
10allocate significant decision-making responsibilities to an
11equitable parent as defined in Section 600. Unless the parents
12otherwise agree in writing on an allocation of significant
13decision-making responsibilities, the court shall make the
14determination. The court shall allocate to one or more of the
15parents the significant decision-making responsibility for
16each significant issue affecting the child. Those significant
17issues shall include, without limitation, the following:
18        (1) Education, including the choice of schools and
19    tutors.
20        (2) Health, including all decisions relating to the
21    medical, dental, and psychological needs of the child and
22    to the treatments arising or resulting from those needs.
23        (3) Religion, subject to the following provisions:
24            (A) The court shall allocate parental
25        responsibility for the child's religious upbringing in
26        accordance with any express or implied agreement

 

 

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1        between the parents.
2            (B) The court shall consider evidence of the
3        parents' past conduct as to the child's religious
4        upbringing in allocating parental responsibilities
5        consistent with demonstrated past conduct in the
6        absence of an express or implied agreement between the
7        parents.
8            (C) The court shall not allocate any aspect of the
9        child's religious upbringing if it determines that the
10        parents do not or did not have an express or implied
11        agreement for such religious upbringing or that there
12        is insufficient evidence to demonstrate a course of
13        conduct regarding the child's religious upbringing
14        that could serve as a basis for any such order.
15        (4) Extracurricular activities.
16    (c) Determination of child's best interests. In
17determining the child's best interests for purposes of
18allocating significant decision-making responsibilities, the
19court shall consider all relevant factors, including, without
20limitation, the following:
21        (1) The wishes of a child who is sufficiently mature to
22    express reasoned and independent preferences as to
23    significant decisions.
24        (2) The child's adjustment to his or her home, school,
25    and community.
26        (3) The mental and physical health of all individuals

 

 

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1    involved.
2        (4) The ability of the parents to cooperate to make
3    decisions, or the level of conflict between the parties
4    that may affect their ability to share decision-making.
5        (5) The level of each parent's participation in past
6    significant decision-making with respect to the child.
7        (6) Any prior agreement or course of conduct between
8    the parents relating to decision-making with respect to the
9    child.
10        (7) The wishes of the parents.
11        (8) The child's needs in light of economic, physical,
12    or other circumstances.
13        (9) The distance between the parents' residences, the
14    cost and difficulty of transporting the child, each
15    parent's and the child's daily schedules, and the ability
16    of the parents to cooperate in the arrangement.
17        (10) Whether a restriction on decision-making is
18    appropriate under Section 603.10.
19        (11) The willingness and ability of each parent to
20    facilitate and encourage a close and continuing
21    relationship between the other parent and the child.
22        (12) Any other factor that the court expressly finds to
23    be relevant.
24    (d) If, over the prior 24 months preceding the filing of
25the petition, or, if the child is under age 2, since the
26child's birth, each parent has been exercising significant

 

 

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1decision-making responsibilities with respect to the child,
2the court shall presume that it is in the child's best
3interests to allocate significant decision-making
4responsibilities to each parent. The presumption shall be
5overcome if there has been a history of domestic violence or
6abuse, or if it is shown that an allocation of any significant
7decision-making responsibilities to one of the parents is not
8in the child's best interests.
9    (e) A parent shall have sole responsibility for making
10routine decisions with respect to the child and for emergency
11decisions affecting the child's health and safety during that
12parent's parenting time.
13    (f) In allocating significant decision-making
14responsibilities, the court shall not consider conduct of a
15parent that does not affect that parent's relationship to the
16child.
17    (g) An equitable parent who is allocated significant
18decision-making responsibilities is not entitled to access to
19the child's school or health care records unless a court finds
20that it is in the child's best interests to provide those
21records to the parent.
 
22    (750 ILCS 5/602.7 new)
23    Sec. 602.7. Allocation of parental responsibilities:
24parenting time.
25    (a) Best interests. The court shall allocate parenting time

 

 

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1according to the child's best interests.
2    (b) Allocation of parenting time. Unless the parents
3present a mutually agreed written and notarized parenting plan
4and that plan is approved by the court, the court shall
5allocate parenting time. It is presumed both parents are fit
6and the court shall not place any restrictions on parenting
7time as defined in Section 600 and described in Section 603.10
8unless it finds by a preponderance of the evidence that a
9parent's exercise of parenting time would seriously endanger
10the child's physical, mental, moral, or emotional health.
11    In determining the child's best interests for purposes of
12allocating parenting time, the court shall consider all
13relevant factors, including, without limitation, the
14following:
15        (1) The wishes of each parent seeking parenting time.
16        (2) The wishes of a child who is sufficiently mature to
17    express reasoned and independent preferences as to
18    parenting time.
19        (3) The amount of time each parent spent performing
20    caretaking functions with respect to the child in the 24
21    months preceding the filing of any petition for allocation
22    of parental responsibilities or, if the child is under 2
23    years of age, since the child's birth.
24        (4) Any prior agreement or course of conduct between
25    the parents relating to caretaking functions with respect
26    to the child.

 

 

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1        (5) The interaction and interrelationship of the child
2    with his or her parents and siblings and with any other
3    person who may significantly affect the child's best
4    interests.
5        (6) The child's adjustment to his or her home, school,
6    and community.
7        (7) The mental and physical health of all individuals
8    involved.
9        (8) The child's needs in light of economic, physical,
10    or other circumstances.
11        (9) The distance between the parents' residences, the
12    cost and difficulty of transporting the child, each
13    parent's and the child's daily schedules, and the ability
14    of the parents to cooperate in the arrangement.
15        (10) The occurrence of abuse, whether directed against
16    the child or directed against another person.
17        (11) Whether a restriction on parenting time is
18    appropriate.
19        (12) The physical violence or threat of physical
20    violence by a parent, whether directed against the child or
21    directed against another person.
22        (13) The willingness and ability of each parent to
23    place the needs of the child ahead of his or her own needs.
24        (14) The willingness and ability of each parent to
25    facilitate and encourage a close and continuing
26    relationship between the other parent and the child.

 

 

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1        (15) Any other factor that the court expressly finds to
2    be relevant.
3    (c) In allocating parenting time, the court shall not
4consider conduct of a parent that does not affect that parent's
5relationship to the child.
6    (d) A parent, other than a legal parent, who is allocated
7parenting time is not entitled to access to the child's school
8or health care records unless a court finds that it is in the
9child's best interests to provide those records to the parent.
 
10    (750 ILCS 5/602.10 new)
11    Sec. 602.10. Parenting plan.
12    (a) Filing of parenting plan. All parents, within 90 days
13after service or filing of any petition for allocation of
14parental responsibilities, must file with the court, either
15jointly or separately, a proposed parenting plan supported by
16an affidavit or affidavits that comply with subsection (g).
17    (b) No parenting plan filed. In the absence of filing of
18one or more parenting plans with supporting affidavits, the
19court must conduct an evidentiary hearing to allocate parental
20responsibilities.
21    (c) Mediation. The court may order mediation to assist the
22parents in formulating or modifying a parenting plan or in
23implementing a parenting plan. The court may allocate the cost
24of such mediation between the parties.
25    (d) Parents' agreement on parenting plan. The parents may

 

 

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1agree on a parenting plan at any time. The parenting plan must
2be in writing and signed by all parents. The parents must
3submit the parenting plan to the court for approval within 90
4days after service of a petition for allocation of parental
5responsibilities or the filing of an appearance. The parenting
6plan must be accompanied by a joint affidavit that complies
7with subsection (g), unless the filing of such an affidavit is
8excused by the court. If the court does not approve the
9parenting plan, the court shall make express findings of the
10reason or reasons for its refusal to approve the plan. The
11court, on its own motion, may conduct an evidentiary hearing to
12determine whether the parenting plan is in the child's best
13interests.
14    (e) Parents cannot agree on parenting plan. When parents
15fail to submit an agreed parenting plan, there shall be a
16rebuttable presumption that the child's best interests are
17served by awarding a time sharing arrangement consisting of an
18allocation of not less than 35% residential time for each
19parent. Each parent must file and submit a written, signed
20parenting plan to the court within 90 days after service of a
21petition for allocation of parental responsibilities or the
22filing of an appearance. The plan must be accompanied by a
23separate affidavit that complies with subsection (g). The
24filing of the plan and affidavit may be excused by the court
25if:
26        (1) the parties have commenced mediation for the

 

 

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1    purpose of formulating a parenting plan; or
2        (2) the parents have agreed in writing to extend the
3    time for filing a proposed plan and supporting affidavit
4    and the court has approved such an extension; or
5        (3) the court orders otherwise for good cause shown.
6    (f) Parenting plan contents. At a minimum, a parenting plan
7must set forth the following:
8        (1) An allocation of significant decision-making
9    responsibilities.
10        (2) Provisions for the child's living arrangements and
11    for each parent's parenting time, including either:
12            (A) a schedule that designates in which parent's
13        home the minor child will reside on given days; or
14            (B) a formula or method for determining such a
15        schedule in sufficient detail to be enforced in a
16        subsequent proceeding.
17        (3) A mediation provision addressing any proposed
18    revisions or disputes, except that this provision is not
19    required if one parent is allocated all significant
20    decision-making responsibilities.
21        (4) Each parent's right of access to medical, dental,
22    and psychological records (subject to the Mental Health and
23    Developmental Disabilities Confidentiality Act), child
24    care records, and school and extracurricular records,
25    reports, and schedules, unless expressly denied by a court
26    order or denied under subsection (g) of Section 602.5.

 

 

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1        (5) A designation of the parent who will be denominated
2    as the parent with the majority of the residential
3    responsibility for purposes of Section 606.10.
4        (6) The child's residential address for school
5    enrollment purposes only.
6        (7) Each parent's residence address and phone number,
7    and each parent's place of employment and employment
8    address and phone number.
9        (8) A requirement that a parent changing his or her
10    residence provide at least 60 days prior written notice of
11    the change to any other parent under the parenting plan or
12    allocation judgment, unless such notice is impracticable
13    or unless otherwise ordered by the court. If such notice is
14    impracticable, written notice shall be given at the
15    earliest date practicable. At a minimum, the notice shall
16    set forth the following:
17            (A) The intended date of the change of residence.
18            (B) The address of the new residence.
19        (9) Provisions requiring each parent to notify the
20    other of emergencies, health care, travel plans, or other
21    significant child-related issues.
22        (10) Transportation arrangements between the parents.
23        (11) Provisions for communications with the child
24    during the other parent's parenting time.
25        (12) Provisions for resolving issues arising from a
26    parent's future relocation.

 

 

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1        (13) Provisions for future modifications of the
2    parenting plan, if specified events occur.
3        (14) Any other provision that addresses the child's
4    best interests or that will otherwise facilitate
5    cooperation between the parents.
6    (g) Affidavit. The affidavit supporting a proposed
7parenting plan must contain, to the best of the affiant's
8knowledge, all of the following:
9        (1) The name and address of the child, every parent,
10    and any other person previously appearing in any prior
11    allocation proceeding.
12        (2) The name and address of every person with whom the
13    child has lived for one year or more, and the period of
14    time during which the child and each such person lived
15    together. If the child is less than one year old, the
16    affidavit must contain the name and address of any person
17    with whom the child lived for more than 60 days.
18        (3) A summary of the caretaking functions performed by
19    each person identified under paragraph (2), including such
20    functions performed during at least the 24 months preceding
21    the filing of the action for allocation of parental
22    responsibilities.
23        (4) A schedule of each parent's current hours of
24    employment, availability to perform caretaking functions
25    with respect to the child, existing child care
26    arrangements, and any anticipated changes.

 

 

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1        (5) A summary schedule of the child's school and
2    extracurricular activities.
3        (6) A summary of any relevant existing risk factors,
4    including orders arising from allegations of abuse and the
5    case number and issuing court.
6        (7) A summary of the known areas of agreement and
7    disagreement between the parents concerning a proposed
8    parenting plan.
9    (h) The court shall select the plan which maximizes the
10child's relationship and access to both parents. The court
11retains discretion to determine exceptions to this directive
12where the individual facts and circumstances warrant. The court
13shall provide written findings of fact and conclusions of law
14when making such exceptions.
 
15    (750 ILCS 5/603.5 new)
16    Sec. 603.5. Temporary orders.
17    (a) A court may order a temporary allocation of parental
18responsibilities in the child's best interests before the entry
19of a final allocation judgment. Any such temporary allocation
20shall be made in accordance with the standards set forth in
21Sections 602.5 and 602.7 (i) after a hearing or (ii) if there
22is no objection, on the basis of affidavits that, at a minimum,
23comply with subsection (e) of Section 602.10.
24    (b) A temporary order allocating parental responsibilities
25shall be deemed vacated when the action in which it was granted

 

 

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1is dismissed, unless a parent moves to continue the action for
2allocation of parental responsibilities filed under Section
3601.5.
4    (c) A temporary order allocating parental responsibilities
5does not preclude access to the child by a parent who has been
6exercising a reasonable share of caretaking functions with
7respect to the child, unless a denial of such access is in the
8child's best interests as determined in accordance with Section
9602.5.
 
10    (750 ILCS 5/603.10 new)
11    Sec. 603.10. Restriction of parental responsibilities.
12    (a) After hearing, if the court finds by a preponderance of
13the evidence that a parent engaged in any conduct that
14seriously endangered the child's mental, moral, or physical
15health or that significantly impaired the child's emotional
16development, the court shall enter orders as necessary to
17protect the child. Such orders may include, but are not limited
18to, orders for one or more of the following:
19        (1) A reduction, elimination, or other adjustment of
20    the parent's decision-making responsibilities or parenting
21    time, or both decision-making responsibilities and
22    parenting time.
23        (2) Supervision, including ordering the Department of
24    Children and Family Services to exercise continuing
25    supervision under Section 5 of the Children and Family

 

 

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1    Services Act to ensure compliance with the allocation
2    judgment.
3        (3) Requiring the exchange of the child between the
4    parents through an intermediary or in a protected setting.
5        (4) Restraining a parent's communication with or
6    proximity to the other parent or the child.
7        (5) Requiring a parent to abstain from possessing or
8    consuming alcohol or non-prescribed drugs while exercising
9    parenting time with the child and within a specified period
10    immediately preceding the exercise of parenting time.
11        (6) Restricting the presence of specific persons while
12    a parent is exercising parenting time with the child.
13        (7) Requiring a parent to post a bond to secure the
14    return of the child following the parent's exercise of
15    parenting time or to secure other performance required by
16    the court.
17        (8) Requiring a parent to complete a treatment program
18    for perpetrators of abuse, for drug or alcohol abuse, or
19    for other behavior that is the basis for restricting
20    parental responsibilities under this Section.
21        (9) Any other constraints or conditions that the court
22    deems necessary to provide for the child's safety or
23    welfare.
24    (b) The court may modify an order restricting parental
25responsibilities if the court finds, after hearing, by a
26preponderance of the evidence that a modification is in the

 

 

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1child's best interests based on (i) a change of circumstances
2that occurred after the entry of an order restricting parental
3responsibilities or (ii) conduct of which the court was
4previously unaware that seriously endangers the child. In
5determining whether to modify an order under this subsection,
6the court must consider factors that include, but need not be
7limited to, the following:
8        (1) Abuse, neglect, or abandonment of the child.
9        (2) Abusing or allowing abuse of another person that
10    had an impact upon the child.
11        (3) Use of drugs, alcohol, or any other substance in a
12    way that interferes with the parent's ability to perform
13    caretaking functions with respect to the child.
14        (4) Persistent continuing interference with the other
15    parent's access to the child, except for actions taken with
16    a reasonable, good-faith belief that they are necessary to
17    protect the child's safety pending adjudication of the
18    facts underlying that belief, provided that the
19    interfering parent initiates a proceeding to determine
20    those facts as soon as practicable.
21    (c) An order granting parenting time to a parent may be
22revoked by the court if that parent is found to have knowingly
23used his or her parenting time to facilitate contact between
24the child and a parent who has been barred from contact with
25the child or to have knowingly used his or her parenting time
26to facilitate contact with the child that violates any

 

 

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1restrictions imposed on the parent's parenting time by a court
2of competent jurisdiction. Nothing in this subsection limits a
3court's authority to enforce its orders in any other manner
4authorized by law.
5    (d) An order granting parenting time with a child whose
6parent is prohibited from contact with the child, or whose
7parenting time is restricted, shall contain the following
8provision:
9        "If a parent granted parenting time under this Order
10    uses that time to facilitate contact between the child and
11    a parent whose parenting time is restricted, or if such a
12    parent violates any restrictions placed on his or her
13    parenting time by the court, the parenting time granted
14    under this Order shall be revoked until further order of
15    court."
16    (e) A parent who has been convicted of any offense
17involving an illegal sex act perpetrated upon a victim less
18than 18 years of age, including but not limited to an offense
19under Article 12 of the Criminal Code of 1961, is not entitled
20to parenting time while incarcerated or while on parole,
21probation, conditional discharge, periodic imprisonment, or
22mandatory supervised release for a felony offense, until the
23parent complies with such terms and conditions as the court
24determines are in the child's best interests.
25    (f) A parent may not, while the child is present, visit any
26other parent of the child who has been convicted of first

 

 

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1degree murder unless the court finds, after considering all
2relevant factors, including those set forth in subsection (c)
3of Section 602.5, that it would be in the child's best
4interests to allow the child to be present during such a visit.
 
5    (750 ILCS 5/604.10 new)
6    Sec. 604.10. Interviews; evaluations; investigation.
7    (a) Court's interview of child. The court may interview the
8child in chambers to ascertain the child's wishes as to the
9allocation of parental responsibilities. Counsel shall be
10present at the interview unless otherwise agreed upon by the
11parties. The entire interview shall be recorded by a court
12reporter. The transcript of the interview shall be filed under
13seal and released only upon order of the court. The cost of the
14court reporter and transcript shall be paid by the court.
15    (b) Court's professional. The court may seek the advice of
16any professional, whether or not regularly employed by the
17court, to assist the court in determining the child's best
18interests. The advice to the court shall be in writing and sent
19by the professional to counsel for the parties and to the
20court, under seal. The writing may be admitted into evidence
21without testimony from its author, unless a party objects. A
22professional consulted by the court shall testify as the
23court's witness. The court shall order all costs and fees of
24the professional to be paid by one or more of the parties,
25subject to reallocation in accordance with subsection (a) of

 

 

HB6192- 136 -LRB097 21718 KTG 70459 b

1Section 508.
2    (c) Evaluation by a party's retained professional. In a
3proceeding to allocate parental responsibilities or to
4relocate a child from Illinois, upon notice and motion made by
5a parent or any party to the litigation within a reasonable
6time before trial, the court shall order an evaluation to
7assist the court in determining the child's best interests. The
8evaluation may be in place of or in addition to any advice
9given to the court by a professional under subsection (b). A
10motion for an evaluation under this subsection must, at a
11minimum, identify the proposed evaluator and the evaluator's
12specialty or discipline. An order for an evaluation under this
13subsection must set forth the evaluator's name, address, and
14telephone number and the time, place, conditions, and scope of
15the evaluation. No person shall be required to travel an
16unreasonable distance for the evaluation. The party requesting
17the evaluation shall pay the evaluator's fees and costs unless
18otherwise ordered by the court.
19    The evaluator's report must, at a minimum, set forth the
20following:
21        (1) A description of the procedures employed during the
22    evaluation.
23        (2) A report of the data collected.
24        (3) All test results.
25        (4) Any conclusions of the evaluator relating to the
26    allocation of parental responsibilities under Sections

 

 

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1    602.5 and 602.7.
2        (5) Any recommendations of the evaluator concerning
3    the allocation of parental responsibilities or the child's
4    relocation from Illinois.
5        (6) An explanation of any limitations in the evaluation
6    or any reservations of the evaluator regarding the
7    resulting recommendations.
8    A party who retains a professional to conduct an evaluation
9under this subsection shall cause the evaluator's written
10report to be sent to the attorneys of record no less than 60
11days before the hearing on the allocation of parental
12responsibilities, unless otherwise ordered by the court; if a
13party fails to comply with this provision, the court may not
14admit the evaluator's report into evidence and may not allow
15the evaluator to testify.
16    The party calling an evaluator to testify at trial shall
17disclose the evaluator as a controlled expert witness in
18accordance with the Supreme Court rules.
19    Any party to the litigation may call the evaluator as a
20witness. That party shall pay the evaluator's fees and costs
21for testifying, unless otherwise ordered by the court.
22    (d) Investigation. Upon notice and a motion by a parent or
23any party to the litigation, or upon the court's own motion,
24the court may order an investigation and report to assist the
25court in allocating parental responsibilities. The
26investigation may be made by any child welfare agency approved

 

 

HB6192- 138 -LRB097 21718 KTG 70459 b

1by the Department of Children and Family Services, but shall
2not be made by that Department unless the court determines
3either that there is no child welfare agency available or that
4no party is financially able to pay for the investigation. The
5court shall specify the purpose and scope of the investigation.
6    The investigator shall send his or her report to all
7attorneys of record, and to any party not represented, at least
860 days before the hearing on the allocation of parental
9responsibilities. The court shall examine and consider the
10investigator's report only after it has been admitted into
11evidence or after the parties have waived their right to
12cross-examine the investigator.
13    The investigator shall make available to all attorneys of
14record, and to any party not represented, the investigator's
15file, and the names and addresses of all persons whom the
16investigator has consulted. Any party to the proceeding may
17call the investigator, or any person consulted by the
18investigator as a court's witness, for cross-examination. No
19fees shall be paid for any investigation by a governmental
20agency. The fees incurred by any other investigator shall be
21allocated in accordance with Section 508.
22    (e) The Supreme Court of Illinois, through its
23Administrative Office of the Illinois Courts, shall approve not
24less than 3 hours of training for all of the following:
25        (1) Any professional whose advice the court seeks under
26    subsection (b) of this Section.

 

 

HB6192- 139 -LRB097 21718 KTG 70459 b

1        (2) Any professional who conducts an evaluation under
2    subsection (c) of this Section.
3        (3) Any individual who conducts an investigation under
4    subsection (d) of this Section.
5        (4) Any guardian ad litem or other individual appointed
6    by the court to represent a child in a proceeding
7    concerning the allocation of parental responsibilities
8    with respect to the child.
9    The training shall include a component on the dynamics of
10domestic violence and its effect on parents and children.
 
11    (750 ILCS 5/606.5 new)
12    Sec. 606.5. Hearings.
13    (a) Proceedings to allocate parental responsibilities
14shall receive priority in being set for hearing.
15    (b) The court, without a jury, shall determine questions of
16law and fact.
17    (c) Previous statements made by the child relating to any
18allegations that the child is an abused or neglected child
19within the meaning of the Abused and Neglected Child Reporting
20Act, or an abused or neglected minor within the meaning of the
21Juvenile Court Act of 1987, shall be admissible in evidence in
22a hearing concerning allocation of parental responsibilities.
23No such statement, however, if uncorroborated and not subject
24to cross examination, shall be sufficient in itself to support
25a finding of abuse or neglect.

 

 

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1    (d) If the court finds that a public hearing may be
2detrimental to the child's best interests, the court shall
3exclude the public from the hearing, but the court may admit
4any person having:
5        (1) a direct and legitimate interest in the case; or
6        (2) a legitimate educational or research interest in
7    the work of the court, but only with the permission of both
8    parties and subject to court approval.
9    (e) The court may make an appropriate order sealing the
10records of any interview, report, investigation, or testimony.
 
11    (750 ILCS 5/606.10 new)
12    Sec. 606.10. Designation of custodian for purposes of other
13statutes. Solely for the purposes of all State and federal
14statutes that require a designation or determination of custody
15or a custodian, a parenting plan shall designate the parent who
16is allocated the majority of residential responsibility. This
17designation shall not affect parents' rights and
18responsibilities under the parenting plan.
 
19    (750 ILCS 5/607.5 new)
20    Sec. 607.5. Abuse of allocated parenting time.
21    (a) The court shall provide an expedited procedure for the
22enforcement of allocated parenting time.
23    (b) An action for the enforcement of allocated parenting
24time may be commenced by a parent or a person appointed under

 

 

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1Section 506 by filing a petition setting forth: (i) the
2petitioner's name and residence address or mailing address,
3except that if the petition states that disclosure of
4petitioner's address would risk abuse of petitioner or any
5member of petitioner's family or household or reveal the
6confidential address of a shelter for domestic violence
7victims, that address may be omitted from the petition; (ii)
8the respondent's name and place of residence, place of
9employment, or mailing address; (iii) the terms of the
10parenting plan or allocation judgment then in effect; (iv) the
11nature of the violation of the allocation of parenting time,
12giving dates and other relevant information; and (v) that a
13reasonable attempt was made to resolve the dispute.
14    (c) If the court finds by a preponderance of the evidence
15that a parent has not complied with allocated parenting time
16according to an approved parenting plan or a court order, the
17court, in the child's best interests, shall issue an order that
18may include one or more of the following:
19        (1) An imposition of additional terms and conditions
20    consistent with the court's previous allocation of
21    parenting time or other order.
22        (2) A requirement that either or both of the parties
23    attend a parental education program at the expense of the
24    non-complying parent.
25        (3) A requirement that the parties participate in
26    family counseling at the expense of the non-complying

 

 

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1    parent.
2        (4) A requirement that the non-complying parent post a
3    cash bond or other security to ensure future compliance,
4    including a provision that the bond or other security may
5    be forfeited to the other parent for payment of expenses on
6    behalf of the child as the court shall direct.
7        (5) A requirement that makeup parenting time be
8    provided for the aggrieved parent or child under the
9    following conditions:
10            (A) That such parenting time is of the same type
11        and duration as the parenting time that was denied,
12        including but not limited to parenting time during
13        weekends, on holidays, and on weekdays and during times
14        when the child is not in school.
15            (B) That such parenting time is made up within 6
16        months after the noncompliance occurs, unless the
17        period of time or holiday cannot be made up within 6
18        months, in which case the parenting time shall be made
19        up within one year after the noncompliance occurs.
20        (6) A finding that the non-complying parent is in
21    contempt of court.
22        (7) Imposing on the non-complying parent an
23    appropriate civil fine per incident of denied parenting
24    time.
25        (8) A requirement that the non-complying parent
26    reimburse the other parent for all reasonable expenses

 

 

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1    incurred as a result of the violation of the parenting plan
2    or court order.
3        (9) Any other provision that may promote the child's
4    best interests.
5    (d) In addition to any other order entered under subsection
6(c), the court shall order a parent who has failed to provide
7allocated parenting time or to exercise allocated parenting
8time to pay the aggrieved party his or her reasonable
9attorney's fees, court costs, and expenses associated with an
10action brought under this Section. If the court finds that the
11respondent in an action brought under this Section has not
12violated the allocated parenting time, the court may order the
13petitioner to pay the respondent's reasonable attorney's fees,
14court costs, and expenses incurred in the action.
15    (e) Nothing in this Section precludes a party from
16maintaining any other action as provided by law.
 
17    (750 ILCS 5/609.2 new)
18    Sec. 609.2. Parent's relocation.
19    (a) A parent's relocation constitutes a substantial change
20in circumstances for purposes of Section 610.5.
21    (b) Only a parent who has been allocated a majority of
22parenting time may seek to relocate with a child, except that
23when parents have equal parenting time, either parent may seek
24to relocate with a child.
25    (c) Any parent intending to relocate must provide at least

 

 

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160 days prior written notice to any other parent under the
2parenting plan or allocation judgment unless such notice is
3impracticable (in which case written notice shall be given at
4the earliest date practicable) or unless otherwise ordered by
5the court. At a minimum, the notice must set forth the
6following:
7        (1) The intended date of the parent's relocation.
8        (2) The address of the parent's intended new residence,
9    if known.
10        (3) The specific reasons for the parent's intended
11    relocation.
12        (4) A proposal modifying the parents' parental
13    responsibilities, if necessary, in light of the
14    relocation.
15        (5) If the parent's intended relocation requires a
16    change in the child's school, a statement of how the
17    relocating parent intends to meet the child's educational
18    needs.
19    The court may consider a parent's failure to comply with
20the notice requirements of this Section without good cause (i)
21as a factor in determining whether the parent's relocation is
22in good faith and (ii) as a basis for awarding reasonable
23attorney's fees and costs resulting from the parent's failure
24to comply with these provisions.
25    (d) If a parent receives a written notice of the other
26parent's intent to relocate and objects to the relocation, then

 

 

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1no later than 30 days after receiving the notice, the objecting
2parent must file a petition setting forth objections to the
3proposed relocation. A petition filed under this subsection
4shall be expeditiously heard by the court. A parent's failure
5to file for the relief provided under this subsection
6constitutes a waiver of that parent's objections to the
7relocation. If the court finds that objections are made in bad
8faith, it shall award reasonable attorney's fees and costs to
9the other party.
10    (e) The court shall modify the parenting plan or allocation
11judgment to accommodate a parent's relocation as agreed by the
12parents as long as the agreed modification is in the child's
13best interests.
14    (f) The court shall modify the parenting plan or allocation
15judgment to accommodate the relocation without changing the
16proportion of parental responsibilities between the parties,
17if practicable, as long as such a modification is in the
18child's best interests.
19    (g) If a parent's relocation makes it impracticable to
20maintain the same proportion of parental responsibilities
21between the parties, the court shall modify the parenting plan
22or allocation judgment in accordance with the child's best
23interests. The court shall consider the following factors:
24        (1) The factors set forth in subsection (c) of this
25    Section.
26        (2) The reasons, if any, why a parent is objecting to

 

 

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1    the intended relocation.
2        (3) The history and quality of each parent's
3    relationship with the child since the implementation of any
4    previous parenting plan or allocation judgment.
5        (4) The educational opportunities for the child at the
6    existing location and at the proposed new location.
7        (5) The presence or absence of extended family at the
8    existing location and at the proposed new location.
9        (6) The anticipated impact of the relocation on the
10    child.
11        (7) Whether the court will be able to fashion a
12    reasonable allocation of parental responsibilities between
13    all parents if the relocation occurs.
14        (8) The wishes of the child after taking into
15    consideration the child's age and maturity.
16        (9) Whether the intended relocation is valid, in good
17    faith, and to a location that is reasonable in light of the
18    purpose.
19        (10) Possible arrangements for the exercise of
20    parental responsibilities appropriate to the parents'
21    resources and circumstances and the developmental level of
22    the child.
23        (11) Minimization of the impairment to a parent-child
24    relationship caused by a parent's relocation.
25        (12) Any other relevant factors bearing on the child's
26    best interests.

 

 

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1    (h) Unless the non-relocating parent demonstrates that a
2reallocation of parental responsibilities is necessary to
3prevent harm to the child, the court shall deny the
4non-relocating parent's request for a reallocation of parental
5responsibilities based on relocation if the non-relocating
6parent either:
7        (1) failed to object to the relocation within the time
8    allowed; or
9        (2) has substantially failed or refused to exercise the
10    parental responsibilities allocated to him or her under the
11    parenting plan or allocation judgment.
 
12    (750 ILCS 5/610.5 new)
13    Sec. 610.5. Modification.
14    (a) Except in a case concerning the modification of any
15restriction of parental responsibilities under Section 603.10,
16the court shall modify a parenting plan or allocation judgment
17when necessary to serve the child's best interests if the court
18finds, by a preponderance of the evidence, that:
19        (1) on the basis of facts that have arisen since the
20    entry of the existing parenting plan or allocation judgment
21    or were not anticipated therein, a substantial change has
22    occurred in the circumstances of the child or of any parent
23    and that a modification is necessary to serve the child's
24    best interests; or
25        (2) the existing allocation of parental

 

 

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1    responsibilities seriously endangers the child's physical,
2    mental, moral, or emotional health.
3    (b) The court shall modify a parenting plan or allocation
4judgment in accordance with a parental agreement, unless it
5finds that the modification is not in the child's best
6interests.
7    (c) The court may modify a parenting plan or allocation
8judgment without a showing of changed circumstances if (i) the
9modification is in the child's best interests and (ii) any of
10the following are proven as to the modification:
11        (1) The modification reflects the actual arrangement
12    under which the child has been receiving care, without
13    parental objection, for the 6 months preceding the filing
14    of the petition for modification, provided that the
15    arrangement is not the result of a parent's acquiescence
16    resulting from circumstances that negated the parent's
17    ability to give meaningful consent.
18        (2) The modification constitutes a minor modification
19    in the parenting plan or allocation judgment.
20        (3) The modification is necessary to modify an agreed
21    parenting plan or allocation judgment that the court would
22    not have ordered or approved under Section 602.5 or 602.7
23    had the court been aware of the circumstances at the time
24    of the order or approval.
25    (d) Attorney's fees and costs shall be assessed against a
26party seeking modification if the court finds that the

 

 

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1modification action is vexatious or constitutes harassment.
 
2    (750 ILCS 5/612 new)
3    Sec. 612. Application of provisions concerning allocation
4of parental responsibilities.
5    (a) The changes made by this amendatory Act of the 97th
6General Assembly apply to all proceedings commenced on or after
7the effective date of this amendatory Act of the 97th General
8Assembly.
9    (b) The changes made by this amendatory Act of the 97th
10General Assembly apply to all actions pending on the effective
11date of this amendatory Act of the 97th General Assembly and to
12all proceedings commenced before that effective date with
13respect to issues on which a judgment has not been entered.
14Evidence adduced after the effective date of this amendatory
15Act of the 97th General Assembly shall comply with the changes
16made by this amendatory Act of the 97th General Assembly.
17    (c) The changes made by this amendatory Act of the 97th
18General Assembly apply to all proceedings commenced on or after
19the effective date of this amendatory Act of the 97th General
20Assembly for the modification of a judgment or order entered
21before that effective date.
22    (d) In any action or proceeding in which an appeal was
23pending or a new trial was ordered before the effective date of
24this amendatory Act of the 97th General Assembly, the law in
25effect at the time of the order sustaining the appeal or the

 

 

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1new trial governs the appeal, the new trial, and any subsequent
2trial or appeal.
 
3    (750 ILCS 5/406 rep.)
4    (750 ILCS 5/407 rep.)
5    (750 ILCS 5/408 rep.)
6    (750 ILCS 5/412 rep.)
7    (750 ILCS 5/514 rep.)
8    (750 ILCS 5/515 rep.)
9    (750 ILCS 5/516 rep.)
10    (750 ILCS 5/517 rep.)
11    (750 ILCS 5/601 rep.)
12    (750 ILCS 5/601.5 rep.)
13    (750 ILCS 5/602 rep.)
14    (750 ILCS 5/602.1 rep.)
15    (750 ILCS 5/603 rep.)
16    (750 ILCS 5/604 rep.)
17    (750 ILCS 5/604.5 rep.)
18    (750 ILCS 5/605 rep.)
19    (750 ILCS 5/606 rep.)
20    (750 ILCS 5/607 rep.)
21    (750 ILCS 5/607.1 rep.)
22    (750 ILCS 5/608 rep.)
23    (750 ILCS 5/609 rep.)
24    (750 ILCS 5/610 rep.)
25    (750 ILCS 5/611 rep.)

 

 

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1    (750 ILCS 5/701 rep.)
2    (750 ILCS 5/703 rep.)
3    Section 5-20. The Illinois Marriage and Dissolution of
4Marriage Act is amended by repealing Sections 406, 407, 408,
5412, 514, 515, 516, 517, 601, 601.5, 602, 602.1, 603, 604,
6604.5, 605, 606, 607, 607.1, 608, 609, 610, 611, 701, and 703.
 
7    Section 5-25. The Illinois Domestic Violence Act of 1986 is
8amended by changing Sections 214 and 223 as follows:
 
9    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
10    Sec. 214. Order of protection; remedies.
11    (a) Issuance of order. If the court finds that petitioner
12has been abused by a family or household member or that
13petitioner is a high-risk adult who has been abused, neglected,
14or exploited, as defined in this Act, an order of protection
15prohibiting the abuse, neglect, or exploitation shall issue;
16provided that petitioner must also satisfy the requirements of
17one of the following Sections, as appropriate: Section 217 on
18emergency orders, Section 218 on interim orders, or Section 219
19on plenary orders. Petitioner shall not be denied an order of
20protection because petitioner or respondent is a minor. The
21court, when determining whether or not to issue an order of
22protection, shall not require physical manifestations of abuse
23on the person of the victim. Modification and extension of
24prior orders of protection shall be in accordance with this

 

 

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1Act.
2    (b) Remedies and standards. The remedies to be included in
3an order of protection shall be determined in accordance with
4this Section and one of the following Sections, as appropriate:
5Section 217 on emergency orders, Section 218 on interim orders,
6and Section 219 on plenary orders. The remedies listed in this
7subsection shall be in addition to other civil or criminal
8remedies available to petitioner.
9        (1) Prohibition of abuse, neglect, or exploitation.
10    Prohibit respondent's harassment, interference with
11    personal liberty, intimidation of a dependent, physical
12    abuse, or willful deprivation, neglect or exploitation, as
13    defined in this Act, or stalking of the petitioner, as
14    defined in Section 12-7.3 of the Criminal Code of 1961, if
15    such abuse, neglect, exploitation, or stalking has
16    occurred or otherwise appears likely to occur if not
17    prohibited.
18        (2) Grant of exclusive possession of residence.
19    Prohibit respondent from entering or remaining in any
20    residence, household, or premises of the petitioner,
21    including one owned or leased by respondent, if petitioner
22    has a right to occupancy thereof. The grant of exclusive
23    possession of the residence, household, or premises shall
24    not affect title to real property, nor shall the court be
25    limited by the standard set forth in Section 701 of the
26    Illinois Marriage and Dissolution of Marriage Act.

 

 

HB6192- 153 -LRB097 21718 KTG 70459 b

1            (A) Right to occupancy. A party has a right to
2        occupancy of a residence or household if it is solely
3        or jointly owned or leased by that party, that party's
4        spouse, a person with a legal duty to support that
5        party or a minor child in that party's care, or by any
6        person or entity other than the opposing party that
7        authorizes that party's occupancy (e.g., a domestic
8        violence shelter). Standards set forth in subparagraph
9        (B) shall not preclude equitable relief.
10            (B) Presumption of hardships. If petitioner and
11        respondent each has the right to occupancy of a
12        residence or household, the court shall balance (i) the
13        hardships to respondent and any minor child or
14        dependent adult in respondent's care resulting from
15        entry of this remedy with (ii) the hardships to
16        petitioner and any minor child or dependent adult in
17        petitioner's care resulting from continued exposure to
18        the risk of abuse (should petitioner remain at the
19        residence or household) or from loss of possession of
20        the residence or household (should petitioner leave to
21        avoid the risk of abuse). When determining the balance
22        of hardships, the court shall also take into account
23        the accessibility of the residence or household.
24        Hardships need not be balanced if respondent does not
25        have a right to occupancy.
26            The balance of hardships is presumed to favor

 

 

HB6192- 154 -LRB097 21718 KTG 70459 b

1        possession by petitioner unless the presumption is
2        rebutted by a preponderance of the evidence, showing
3        that the hardships to respondent substantially
4        outweigh the hardships to petitioner and any minor
5        child or dependent adult in petitioner's care. The
6        court, on the request of petitioner or on its own
7        motion, may order respondent to provide suitable,
8        accessible, alternate housing for petitioner instead
9        of excluding respondent from a mutual residence or
10        household.
11        (3) Stay away order and additional prohibitions. Order
12    respondent to stay away from petitioner or any other person
13    protected by the order of protection, or prohibit
14    respondent from entering or remaining present at
15    petitioner's school, place of employment, or other
16    specified places at times when petitioner is present, or
17    both, if reasonable, given the balance of hardships.
18    Hardships need not be balanced for the court to enter a
19    stay away order or prohibit entry if respondent has no
20    right to enter the premises.
21            (A) If an order of protection grants petitioner
22        exclusive possession of the residence, or prohibits
23        respondent from entering the residence, or orders
24        respondent to stay away from petitioner or other
25        protected persons, then the court may allow respondent
26        access to the residence to remove items of clothing and

 

 

HB6192- 155 -LRB097 21718 KTG 70459 b

1        personal adornment used exclusively by respondent,
2        medications, and other items as the court directs. The
3        right to access shall be exercised on only one occasion
4        as the court directs and in the presence of an
5        agreed-upon adult third party or law enforcement
6        officer.
7            (B) When the petitioner and the respondent attend
8        the same public, private, or non-public elementary,
9        middle, or high school, the court when issuing an order
10        of protection and providing relief shall consider the
11        severity of the act, any continuing physical danger or
12        emotional distress to the petitioner, the educational
13        rights guaranteed to the petitioner and respondent
14        under federal and State law, the availability of a
15        transfer of the respondent to another school, a change
16        of placement or a change of program of the respondent,
17        the expense, difficulty, and educational disruption
18        that would be caused by a transfer of the respondent to
19        another school, and any other relevant facts of the
20        case. The court may order that the respondent not
21        attend the public, private, or non-public elementary,
22        middle, or high school attended by the petitioner,
23        order that the respondent accept a change of placement
24        or change of program, as determined by the school
25        district or private or non-public school, or place
26        restrictions on the respondent's movements within the

 

 

HB6192- 156 -LRB097 21718 KTG 70459 b

1        school attended by the petitioner. The respondent
2        bears the burden of proving by a preponderance of the
3        evidence that a transfer, change of placement, or
4        change of program of the respondent is not available.
5        The respondent also bears the burden of production with
6        respect to the expense, difficulty, and educational
7        disruption that would be caused by a transfer of the
8        respondent to another school. A transfer, change of
9        placement, or change of program is not unavailable to
10        the respondent solely on the ground that the respondent
11        does not agree with the school district's or private or
12        non-public school's transfer, change of placement, or
13        change of program or solely on the ground that the
14        respondent fails or refuses to consent or otherwise
15        does not take an action required to effectuate a
16        transfer, change of placement, or change of program.
17        When a court orders a respondent to stay away from the
18        public, private, or non-public school attended by the
19        petitioner and the respondent requests a transfer to
20        another attendance center within the respondent's
21        school district or private or non-public school, the
22        school district or private or non-public school shall
23        have sole discretion to determine the attendance
24        center to which the respondent is transferred. In the
25        event the court order results in a transfer of the
26        minor respondent to another attendance center, a

 

 

HB6192- 157 -LRB097 21718 KTG 70459 b

1        change in the respondent's placement, or a change of
2        the respondent's program, the parents, guardian, or
3        legal custodian of the respondent is responsible for
4        transportation and other costs associated with the
5        transfer or change.
6            (C) The court may order the parents, guardian, or
7        legal custodian of a minor respondent to take certain
8        actions or to refrain from taking certain actions to
9        ensure that the respondent complies with the order. The
10        court may order the parents, guardian, or legal
11        custodian of a minor respondent to take certain actions
12        or to refrain from taking certain actions to ensure
13        that the respondent complies with the order. In the
14        event the court orders a transfer of the respondent to
15        another school, the parents, guardian, or legal
16        custodian of the respondent is responsible for
17        transportation and other costs associated with the
18        change of school by the respondent.
19        (4) Counseling. Require or recommend the respondent to
20    undergo counseling for a specified duration with a social
21    worker, psychologist, clinical psychologist, psychiatrist,
22    family service agency, alcohol or substance abuse program,
23    mental health center guidance counselor, agency providing
24    services to elders, program designed for domestic violence
25    abusers or any other guidance service the court deems
26    appropriate. The Court may order the respondent in any

 

 

HB6192- 158 -LRB097 21718 KTG 70459 b

1    intimate partner relationship to report to an Illinois
2    Department of Human Services protocol approved partner
3    abuse intervention program for an assessment and to follow
4    all recommended treatment.
5        (5) Physical care and possession of the minor child. In
6    order to protect the minor child from abuse, neglect, or
7    unwarranted separation from the person who has been the
8    minor child's primary caretaker, or to otherwise protect
9    the well-being of the minor child, the court may do either
10    or both of the following: (i) grant petitioner physical
11    care or possession of the minor child, or both, or (ii)
12    order respondent to return a minor child to, or not remove
13    a minor child from, the physical care of a parent or person
14    in loco parentis.
15        If a court finds, after a hearing, that respondent has
16    committed abuse (as defined in Section 103) of a minor
17    child, there shall be a rebuttable presumption that
18    awarding physical care to respondent would not be in the
19    minor child's best interest.
20        (6) Temporary allocation of parental responsibilities
21    legal custody. Award temporary parental responsibility
22    legal custody to petitioner in accordance with this
23    Section, the Illinois Marriage and Dissolution of Marriage
24    Act, the Illinois Parentage Act of 1984, and this State's
25    Uniform Child-Custody Jurisdiction and Enforcement Act.
26        If a court finds, after a hearing, that respondent has

 

 

HB6192- 159 -LRB097 21718 KTG 70459 b

1    committed abuse (as defined in Section 103) of a minor
2    child, there shall be a rebuttable presumption that
3    awarding temporary parental responsibility legal custody
4    to respondent would not be in the child's best interest.
5        (7) Parenting time Visitation. Determine the parenting
6    time visitation rights, if any, of respondent in any case
7    in which the court awards physical care or allocates
8    temporary parental responsibility legal custody of a minor
9    child to petitioner. The court shall restrict or deny
10    respondent's visitation with a minor child if the court
11    finds that respondent has done or is likely to do any of
12    the following: (i) abuse or endanger the minor child during
13    parenting time visitation; (ii) use the parenting time
14    visitation as an opportunity to abuse or harass petitioner
15    or petitioner's family or household members; (iii)
16    improperly conceal or detain the minor child; or (iv)
17    otherwise act in a manner that is not in the best interests
18    of the minor child. The court shall not be limited by the
19    standards set forth in Section 603.10 607.1 of the Illinois
20    Marriage and Dissolution of Marriage Act. If the court
21    grants parenting time visitation, the order shall specify
22    dates and times for the parenting time visitation to take
23    place or other specific parameters or conditions that are
24    appropriate. No order for parenting time visitation shall
25    refer merely to the term "reasonable parenting time
26    visitation".

 

 

HB6192- 160 -LRB097 21718 KTG 70459 b

1        Petitioner may deny respondent access to the minor
2    child if, when respondent arrives for parenting time
3    visitation, respondent is under the influence of drugs or
4    alcohol and constitutes a threat to the safety and
5    well-being of petitioner or petitioner's minor children or
6    is behaving in a violent or abusive manner.
7        If necessary to protect any member of petitioner's
8    family or household from future abuse, respondent shall be
9    prohibited from coming to petitioner's residence to meet
10    the minor child for parenting time visitation, and the
11    parties shall submit to the court their recommendations for
12    reasonable alternative arrangements for parenting time
13    visitation. A person may be approved to supervise parenting
14    time visitation only after filing an affidavit accepting
15    that responsibility and acknowledging accountability to
16    the court.
17        (8) Removal or concealment of minor child. Prohibit
18    respondent from removing a minor child from the State or
19    concealing the child within the State.
20        (9) Order to appear. Order the respondent to appear in
21    court, alone or with a minor child, to prevent abuse,
22    neglect, removal or concealment of the child, to return the
23    child to the custody or care of the petitioner or to permit
24    any court-ordered interview or examination of the child or
25    the respondent.
26        (10) Possession of personal property. Grant petitioner

 

 

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1    exclusive possession of personal property and, if
2    respondent has possession or control, direct respondent to
3    promptly make it available to petitioner, if:
4            (i) petitioner, but not respondent, owns the
5        property; or
6            (ii) the parties own the property jointly; sharing
7        it would risk abuse of petitioner by respondent or is
8        impracticable; and the balance of hardships favors
9        temporary possession by petitioner.
10        If petitioner's sole claim to ownership of the property
11    is that it is marital property, the court may award
12    petitioner temporary possession thereof under the
13    standards of subparagraph (ii) of this paragraph only if a
14    proper proceeding has been filed under the Illinois
15    Marriage and Dissolution of Marriage Act, as now or
16    hereafter amended.
17        No order under this provision shall affect title to
18    property.
19        (11) Protection of property. Forbid the respondent
20    from taking, transferring, encumbering, concealing,
21    damaging or otherwise disposing of any real or personal
22    property, except as explicitly authorized by the court, if:
23            (i) petitioner, but not respondent, owns the
24        property; or
25            (ii) the parties own the property jointly, and the
26        balance of hardships favors granting this remedy.

 

 

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1        If petitioner's sole claim to ownership of the property
2    is that it is marital property, the court may grant
3    petitioner relief under subparagraph (ii) of this
4    paragraph only if a proper proceeding has been filed under
5    the Illinois Marriage and Dissolution of Marriage Act, as
6    now or hereafter amended.
7        The court may further prohibit respondent from
8    improperly using the financial or other resources of an
9    aged member of the family or household for the profit or
10    advantage of respondent or of any other person.
11        (11.5) Protection of animals. Grant the petitioner the
12    exclusive care, custody, or control of any animal owned,
13    possessed, leased, kept, or held by either the petitioner
14    or the respondent or a minor child residing in the
15    residence or household of either the petitioner or the
16    respondent and order the respondent to stay away from the
17    animal and forbid the respondent from taking,
18    transferring, encumbering, concealing, harming, or
19    otherwise disposing of the animal.
20        (12) Order for payment of support. Order respondent to
21    pay temporary support for the petitioner or any child in
22    the petitioner's care or over whom the petitioner has been
23    allocated parental responsibility custody, when the
24    respondent has a legal obligation to support that person,
25    in accordance with the Illinois Marriage and Dissolution of
26    Marriage Act, which shall govern, among other matters, the

 

 

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1    amount of support, payment through the clerk and
2    withholding of income to secure payment. An order for child
3    support may be granted to a petitioner with lawful physical
4    care or custody of a child, or an order or agreement for
5    physical care of a child or custody, prior to entry of an
6    order allocating parental responsibility for legal
7    custody. Such a support order shall expire upon entry of a
8    valid order allocating parental responsibility differently
9    granting legal custody to another, unless otherwise
10    provided in the custody order.
11        (13) Order for payment of losses. Order respondent to
12    pay petitioner for losses suffered as a direct result of
13    the abuse, neglect, or exploitation. Such losses shall
14    include, but not be limited to, medical expenses, lost
15    earnings or other support, repair or replacement of
16    property damaged or taken, reasonable attorney's fees,
17    court costs and moving or other travel expenses, including
18    additional reasonable expenses for temporary shelter and
19    restaurant meals.
20            (i) Losses affecting family needs. If a party is
21        entitled to seek maintenance, child support or
22        property distribution from the other party under the
23        Illinois Marriage and Dissolution of Marriage Act, as
24        now or hereafter amended, the court may order
25        respondent to reimburse petitioner's actual losses, to
26        the extent that such reimbursement would be

 

 

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1        "appropriate temporary relief", as authorized by
2        subsection (a)(3) of Section 501 of that Act.
3            (ii) Recovery of expenses. In the case of an
4        improper concealment or removal of a minor child, the
5        court may order respondent to pay the reasonable
6        expenses incurred or to be incurred in the search for
7        and recovery of the minor child, including but not
8        limited to legal fees, court costs, private
9        investigator fees, and travel costs.
10        (14) Prohibition of entry. Prohibit the respondent
11    from entering or remaining in the residence or household
12    while the respondent is under the influence of alcohol or
13    drugs and constitutes a threat to the safety and well-being
14    of the petitioner or the petitioner's children.
15        (14.5) Prohibition of firearm possession.
16            (a) Prohibit a respondent against whom an order of
17        protection was issued from possessing any firearms
18        during the duration of the order if the order:
19                (1) was issued after a hearing of which such
20            person received actual notice, and at which such
21            person had an opportunity to participate;
22                (2) restrains such person from harassing,
23            stalking, or threatening an intimate partner of
24            such person or child of such intimate partner or
25            person, or engaging in other conduct that would
26            place an intimate partner in reasonable fear of

 

 

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1            bodily injury to the partner or child; and
2                (3)(i) includes a finding that such person
3            represents a credible threat to the physical
4            safety of such intimate partner or child; or (ii)
5            by its terms explicitly prohibits the use,
6            attempted use, or threatened use of physical force
7            against such intimate partner or child that would
8            reasonably be expected to cause bodily injury.
9        Any Firearm Owner's Identification Card in the
10        possession of the respondent, except as provided in
11        subsection (b), shall be ordered by the court to be
12        turned over to the local law enforcement agency for
13        safekeeping. The court shall issue a warrant for
14        seizure of any firearm and Firearm Owner's
15        Identification Card in the possession of the
16        respondent, to be kept by the local law enforcement
17        agency for safekeeping, except as provided in
18        subsection (b). The period of safekeeping shall be for
19        the duration of the order of protection. The firearm or
20        firearms and Firearm Owner's Identification Card shall
21        be returned to the respondent at the end of the order
22        of protection.
23            (b) If the respondent is a peace officer as defined
24        in Section 2-13 of the Criminal Code of 1961, the court
25        shall order that any firearms used by the respondent in
26        the performance of his or her duties as a peace officer

 

 

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1        be surrendered to the chief law enforcement executive
2        of the agency in which the respondent is employed, who
3        shall retain the firearms for safekeeping for the
4        duration of the order of protection.
5            (c) Upon expiration of the period of safekeeping,
6        if the firearms or Firearm Owner's Identification Card
7        cannot be returned to respondent because respondent
8        cannot be located, fails to respond to requests to
9        retrieve the firearms, or is not lawfully eligible to
10        possess a firearm, upon petition from the local law
11        enforcement agency, the court may order the local law
12        enforcement agency to destroy the firearms, use the
13        firearms for training purposes, or for any other
14        application as deemed appropriate by the local law
15        enforcement agency; or that the firearms be turned over
16        to a third party who is lawfully eligible to possess
17        firearms, and who does not reside with respondent.
18        (15) Prohibition of access to records. If an order of
19    protection prohibits respondent from having contact with
20    the minor child, or if petitioner's address is omitted
21    under subsection (b) of Section 203, or if necessary to
22    prevent abuse or wrongful removal or concealment of a minor
23    child, the order shall deny respondent access to, and
24    prohibit respondent from inspecting, obtaining, or
25    attempting to inspect or obtain, school or any other
26    records of the minor child who is in the care of

 

 

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1    petitioner.
2        (16) Order for payment of shelter services. Order
3    respondent to reimburse a shelter providing temporary
4    housing and counseling services to the petitioner for the
5    cost of the services, as certified by the shelter and
6    deemed reasonable by the court.
7        (17) Order for injunctive relief. Enter injunctive
8    relief necessary or appropriate to prevent further abuse of
9    a family or household member or further abuse, neglect, or
10    exploitation of a high-risk adult with disabilities or to
11    effectuate one of the granted remedies, if supported by the
12    balance of hardships. If the harm to be prevented by the
13    injunction is abuse or any other harm that one of the
14    remedies listed in paragraphs (1) through (16) of this
15    subsection is designed to prevent, no further evidence is
16    necessary that the harm is an irreparable injury.
17    (c) Relevant factors; findings.
18        (1) In determining whether to grant a specific remedy,
19    other than payment of support, the court shall consider
20    relevant factors, including but not limited to the
21    following:
22            (i) the nature, frequency, severity, pattern and
23        consequences of the respondent's past abuse, neglect
24        or exploitation of the petitioner or any family or
25        household member, including the concealment of his or
26        her location in order to evade service of process or

 

 

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1        notice, and the likelihood of danger of future abuse,
2        neglect, or exploitation to petitioner or any member of
3        petitioner's or respondent's family or household; and
4            (ii) the danger that any minor child will be abused
5        or neglected or improperly relocated removed from the
6        jurisdiction, improperly concealed within the State or
7        improperly separated from the child's primary
8        caretaker.
9        (2) In comparing relative hardships resulting to the
10    parties from loss of possession of the family home, the
11    court shall consider relevant factors, including but not
12    limited to the following:
13            (i) availability, accessibility, cost, safety,
14        adequacy, location and other characteristics of
15        alternate housing for each party and any minor child or
16        dependent adult in the party's care;
17            (ii) the effect on the party's employment; and
18            (iii) the effect on the relationship of the party,
19        and any minor child or dependent adult in the party's
20        care, to family, school, church and community.
21        (3) Subject to the exceptions set forth in paragraph
22    (4) of this subsection, the court shall make its findings
23    in an official record or in writing, and shall at a minimum
24    set forth the following:
25            (i) That the court has considered the applicable
26        relevant factors described in paragraphs (1) and (2) of

 

 

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1        this subsection.
2            (ii) Whether the conduct or actions of respondent,
3        unless prohibited, will likely cause irreparable harm
4        or continued abuse.
5            (iii) Whether it is necessary to grant the
6        requested relief in order to protect petitioner or
7        other alleged abused persons.
8        (4) For purposes of issuing an ex parte emergency order
9    of protection, the court, as an alternative to or as a
10    supplement to making the findings described in paragraphs
11    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
12    the following procedure:
13        When a verified petition for an emergency order of
14    protection in accordance with the requirements of Sections
15    203 and 217 is presented to the court, the court shall
16    examine petitioner on oath or affirmation. An emergency
17    order of protection shall be issued by the court if it
18    appears from the contents of the petition and the
19    examination of petitioner that the averments are
20    sufficient to indicate abuse by respondent and to support
21    the granting of relief under the issuance of the emergency
22    order of protection.
23        (5) Never married parties. No rights or
24    responsibilities for a minor child born outside of marriage
25    attach to a putative father until a father and child
26    relationship has been established under the Illinois

 

 

HB6192- 170 -LRB097 21718 KTG 70459 b

1    Parentage Act of 1984, the Illinois Public Aid Code,
2    Section 12 of the Vital Records Act, the Juvenile Court Act
3    of 1987, the Probate Act of 1985, the Revised Uniform
4    Reciprocal Enforcement of Support Act, the Uniform
5    Interstate Family Support Act, the Expedited Child Support
6    Act of 1990, any judicial, administrative, or other act of
7    another state or territory, any other Illinois statute, or
8    by any foreign nation establishing the father and child
9    relationship, any other proceeding substantially in
10    conformity with the Personal Responsibility and Work
11    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
12    or where both parties appeared in open court or at an
13    administrative hearing acknowledging under oath or
14    admitting by affirmation the existence of a father and
15    child relationship. Absent such an adjudication, finding,
16    or acknowledgement, no putative father shall be granted
17    temporary allocation of parental responsibilities,
18    including parenting time custody of the minor child,
19    visitation with the minor child, or physical care and
20    possession of the minor child, nor shall an order of
21    payment for support of the minor child be entered.
22    (d) Balance of hardships; findings. If the court finds that
23the balance of hardships does not support the granting of a
24remedy governed by paragraph (2), (3), (10), (11), or (16) of
25subsection (b) of this Section, which may require such
26balancing, the court's findings shall so indicate and shall

 

 

HB6192- 171 -LRB097 21718 KTG 70459 b

1include a finding as to whether granting the remedy will result
2in hardship to respondent that would substantially outweigh the
3hardship to petitioner from denial of the remedy. The findings
4shall be an official record or in writing.
5    (e) Denial of remedies. Denial of any remedy shall not be
6based, in whole or in part, on evidence that:
7        (1) Respondent has cause for any use of force, unless
8    that cause satisfies the standards for justifiable use of
9    force provided by Article VII of the Criminal Code of 1961;
10        (2) Respondent was voluntarily intoxicated;
11        (3) Petitioner acted in self-defense or defense of
12    another, provided that, if petitioner utilized force, such
13    force was justifiable under Article VII of the Criminal
14    Code of 1961;
15        (4) Petitioner did not act in self-defense or defense
16    of another;
17        (5) Petitioner left the residence or household to avoid
18    further abuse, neglect, or exploitation by respondent;
19        (6) Petitioner did not leave the residence or household
20    to avoid further abuse, neglect, or exploitation by
21    respondent;
22        (7) Conduct by any family or household member excused
23    the abuse, neglect, or exploitation by respondent, unless
24    that same conduct would have excused such abuse, neglect,
25    or exploitation if the parties had not been family or
26    household members.

 

 

HB6192- 172 -LRB097 21718 KTG 70459 b

1(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
297-158, eff. 1-1-12; 97-294, eff. 1-1-12; revised 10-4-11.)
 
3    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
4    Sec. 223. Enforcement of orders of protection.
5    (a) When violation is crime. A violation of any order of
6protection, whether issued in a civil or criminal proceeding,
7shall be enforced by a criminal court when:
8        (1) The respondent commits the crime of violation of an
9    order of protection pursuant to Section 12-3.4 or 12-30 of
10    the Criminal Code of 1961, by having knowingly violated:
11            (i) remedies described in paragraphs (1), (2),
12        (3), (14), or (14.5) of subsection (b) of Section 214
13        of this Act; or
14            (ii) a remedy, which is substantially similar to
15        the remedies authorized under paragraphs (1), (2),
16        (3), (14), and (14.5) of subsection (b) of Section 214
17        of this Act, in a valid order of protection which is
18        authorized under the laws of another state, tribe, or
19        United States territory; or
20            (iii) any other remedy when the act constitutes a
21        crime against the protected parties as defined by the
22        Criminal Code of 1961.
23        Prosecution for a violation of an order of protection
24    shall not bar concurrent prosecution for any other crime,
25    including any crime that may have been committed at the

 

 

HB6192- 173 -LRB097 21718 KTG 70459 b

1    time of the violation of the order of protection; or
2        (2) The respondent commits the crime of child abduction
3    pursuant to Section 10-5 of the Criminal Code of 1961, by
4    having knowingly violated:
5            (i) remedies described in paragraphs (5), (6) or
6        (8) of subsection (b) of Section 214 of this Act; or
7            (ii) a remedy, which is substantially similar to
8        the remedies authorized under paragraphs (5), (6), or
9        (8) of subsection (b) of Section 214 of this Act, in a
10        valid order of protection which is authorized under the
11        laws of another state, tribe, or United States
12        territory.
13    (b) When violation is contempt of court. A violation of any
14valid Illinois order of protection, whether issued in a civil
15or criminal proceeding, may be enforced through civil or
16criminal contempt procedures, as appropriate, by any court with
17jurisdiction, regardless where the act or acts which violated
18the order of protection were committed, to the extent
19consistent with the venue provisions of this Act. Nothing in
20this Act shall preclude any Illinois court from enforcing any
21valid order of protection issued in another state. Illinois
22courts may enforce orders of protection through both criminal
23prosecution and contempt proceedings, unless the action which
24is second in time is barred by collateral estoppel or the
25constitutional prohibition against double jeopardy.
26        (1) In a contempt proceeding where the petition for a

 

 

HB6192- 174 -LRB097 21718 KTG 70459 b

1    rule to show cause sets forth facts evidencing an immediate
2    danger that the respondent will flee the jurisdiction,
3    conceal a child, or inflict physical abuse on the
4    petitioner or minor children or on dependent adults in
5    petitioner's care, the court may order the attachment of
6    the respondent without prior service of the rule to show
7    cause or the petition for a rule to show cause. Bond shall
8    be set unless specifically denied in writing.
9        (2) A petition for a rule to show cause for violation
10    of an order of protection shall be treated as an expedited
11    proceeding.
12    (b-1) The court shall not hold a school district or private
13or non-public school or any of its employees in civil or
14criminal contempt unless the school district or private or
15non-public school has been allowed to intervene.
16    (b-2) The court may hold the parents, guardian, or legal
17custodian of a minor respondent in civil or criminal contempt
18for a violation of any provision of any order entered under
19this Act for conduct of the minor respondent in violation of
20this Act if the parents, guardian, or legal custodian directed,
21encouraged, or assisted the respondent minor in such conduct.
22    (c) Violation of custody or support orders or temporary or
23final judgments allocating parental responsibilities. A
24violation of remedies described in paragraphs (5), (6), (8), or
25(9) of subsection (b) of Section 214 of this Act may be
26enforced by any remedy provided by Section 607.5 611 of the

 

 

HB6192- 175 -LRB097 21718 KTG 70459 b

1Illinois Marriage and Dissolution of Marriage Act. The court
2may enforce any order for support issued under paragraph (12)
3of subsection (b) of Section 214 in the manner provided for
4under Parts V and VII of the Illinois Marriage and Dissolution
5of Marriage Act.
6    (d) Actual knowledge. An order of protection may be
7enforced pursuant to this Section if the respondent violates
8the order after the respondent has actual knowledge of its
9contents as shown through one of the following means:
10        (1) By service, delivery, or notice under Section 210.
11        (2) By notice under Section 210.1 or 211.
12        (3) By service of an order of protection under Section
13    222.
14        (4) By other means demonstrating actual knowledge of
15    the contents of the order.
16    (e) The enforcement of an order of protection in civil or
17criminal court shall not be affected by either of the
18following:
19        (1) The existence of a separate, correlative order,
20    entered under Section 215.
21        (2) Any finding or order entered in a conjoined
22    criminal proceeding.
23    (f) Circumstances. The court, when determining whether or
24not a violation of an order of protection has occurred, shall
25not require physical manifestations of abuse on the person of
26the victim.

 

 

HB6192- 176 -LRB097 21718 KTG 70459 b

1    (g) Penalties.
2        (1) Except as provided in paragraph (3) of this
3    subsection, where the court finds the commission of a crime
4    or contempt of court under subsections (a) or (b) of this
5    Section, the penalty shall be the penalty that generally
6    applies in such criminal or contempt proceedings, and may
7    include one or more of the following: incarceration,
8    payment of restitution, a fine, payment of attorneys' fees
9    and costs, or community service.
10        (2) The court shall hear and take into account evidence
11    of any factors in aggravation or mitigation before deciding
12    an appropriate penalty under paragraph (1) of this
13    subsection.
14        (3) To the extent permitted by law, the court is
15    encouraged to:
16            (i) increase the penalty for the knowing violation
17        of any order of protection over any penalty previously
18        imposed by any court for respondent's violation of any
19        order of protection or penal statute involving
20        petitioner as victim and respondent as defendant;
21            (ii) impose a minimum penalty of 24 hours
22        imprisonment for respondent's first violation of any
23        order of protection; and
24            (iii) impose a minimum penalty of 48 hours
25        imprisonment for respondent's second or subsequent
26        violation of an order of protection

 

 

HB6192- 177 -LRB097 21718 KTG 70459 b

1    unless the court explicitly finds that an increased penalty
2    or that period of imprisonment would be manifestly unjust.
3        (4) In addition to any other penalties imposed for a
4    violation of an order of protection, a criminal court may
5    consider evidence of any violations of an order of
6    protection:
7            (i) to increase, revoke or modify the bail bond on
8        an underlying criminal charge pursuant to Section
9        110-6 of the Code of Criminal Procedure of 1963;
10            (ii) to revoke or modify an order of probation,
11        conditional discharge or supervision, pursuant to
12        Section 5-6-4 of the Unified Code of Corrections;
13            (iii) to revoke or modify a sentence of periodic
14        imprisonment, pursuant to Section 5-7-2 of the Unified
15        Code of Corrections.
16        (5) In addition to any other penalties, the court shall
17    impose an additional fine of $20 as authorized by Section
18    5-9-1.11 of the Unified Code of Corrections upon any person
19    convicted of or placed on supervision for a violation of an
20    order of protection. The additional fine shall be imposed
21    for each violation of this Section.
22(Source: P.A. 96-1551, eff. 7-1-11; 97-294, eff. 1-1-12.)
 
23    Section 5-30. The Probate Act of 1975 is amended by
24changing Section 11-7.1 as follows:
 

 

 

HB6192- 178 -LRB097 21718 KTG 70459 b

1    (755 ILCS 5/11-7.1)  (from Ch. 110 1/2, par. 11-7.1)
2    Sec. 11-7.1. Parenting time Visitation rights.
3    (a) Whenever both natural or adoptive parents of a minor
4are deceased, an allocation of parenting time visitation rights
5shall be granted to the grandparents of the minor who are the
6parents of the minor's legal parents unless it is shown that
7such parenting time visitation would be detrimental to the best
8interests and welfare of the minor. In the discretion of the
9court, reasonable parenting time visitation rights may be
10granted to any other relative of the minor or other person
11having an interest in the welfare of the child. However, the
12court shall not grant parenting time visitation privileges to
13any person who otherwise might have parenting time visitation
14privileges under this Section where the minor has been adopted
15subsequent to the death of both his legal parents except where
16such adoption is by a close relative. For the purpose of this
17Section, "close relative" shall include, but not be limited to,
18a grandparent, aunt, uncle, first cousin, or adult brother or
19sister.
20    Where such adoption is by a close relative, the court shall
21not grant parenting time visitation privileges under this
22Section unless the petitioner alleges and proves that he or she
23has been unreasonably denied parenting time visitation with the
24child. The court may grant reasonable parenting time visitation
25privileges upon finding that such parenting time visitation
26would be in the best interest of the child.

 

 

HB6192- 179 -LRB097 21718 KTG 70459 b

1    An order denying parenting time visitation rights to
2grandparents of the minor shall be in writing and shall state
3the reasons for denial. An order denying parenting time
4visitation rights is a final order for purposes of appeal.
5    (b) Unless the court determines, after considering all
6relevant factors, including but not limited to those set forth
7in Section 602.7 602(a) of the Illinois Marriage and
8Dissolution of Marriage Act, that it would be in the best
9interests of the child to allow parenting time visitation, the
10court shall not enter an order providing parenting time
11visitation rights and pursuant to a motion to modify parenting
12time visitation brought under Section 610.5 607(f) of the
13Illinois Marriage and Dissolution of Marriage Act shall revoke
14parenting time visitation rights previously granted to any
15person who would otherwise be entitled to petition for
16parenting time visitation rights under this Section who has
17been convicted of first degree murder of the parent,
18grandparent, great-grandparent, or sibling of the child who is
19the subject of the order. Until an order is entered pursuant to
20this subsection, no person shall visit, with the child present,
21a person who has been convicted of first degree murder of the
22parent, grandparent, great-grandparent, or sibling of the
23child without the consent of the child's parent, other than a
24parent convicted of first degree murder as set forth herein, or
25legal guardian.
26(Source: P.A. 90-801, eff. 6-1-99.)

 

 

HB6192- 180 -LRB097 21718 KTG 70459 b

1 INDEX
2 Statutes amended in order of appearance
3    735 ILCS 5/13-202from Ch. 110, par. 13-202
4    740 ILCS 5/Act title
5    740 ILCS 5/0.01from Ch. 40, par. 1900
6    740 ILCS 5/7.1 new
7    740 ILCS 5/1 rep.
8    740 ILCS 5/2 rep.
9    740 ILCS 5/3 rep.
10    740 ILCS 5/4 rep.
11    740 ILCS 5/5 rep.
12    740 ILCS 5/6 rep.
13    740 ILCS 5/7 rep.
14    740 ILCS 15/0.01from Ch. 40, par. 1800
15    740 ILCS 15/10.1 new
16    740 ILCS 15/1 rep.
17    740 ILCS 15/2 rep.
18    740 ILCS 15/3 rep.
19    740 ILCS 15/4 rep.
20    740 ILCS 15/5 rep.
21    740 ILCS 15/6 rep.
22    740 ILCS 15/7 rep.
23    740 ILCS 15/8 rep.
24    740 ILCS 15/9 rep.
25    740 ILCS 15/10 rep.

 

 

HB6192- 181 -LRB097 21718 KTG 70459 b

1    740 ILCS 50/Act title
2    740 ILCS 50/0.01from Ch. 40, par. 1950
3    740 ILCS 50/7.1 new
4    740 ILCS 50/1 rep.
5    740 ILCS 50/2 rep.
6    740 ILCS 50/3 rep.
7    740 ILCS 50/4 rep.
8    740 ILCS 50/5 rep.
9    740 ILCS 50/6 rep.
10    740 ILCS 50/7 rep.
11    325 ILCS 40/7.1from Ch. 23, par. 2257.1
12    725 ILCS 5/112A-23from Ch. 38, par. 112A-23
13    750 ILCS 5/102from Ch. 40, par. 102
14    750 ILCS 5/104from Ch. 40, par. 104
15    750 ILCS 5/105from Ch. 40, par. 105
16    750 ILCS 5/107from Ch. 40, par. 107
17    750 ILCS 5/209from Ch. 40, par. 209
18    750 ILCS 5/219from Ch. 40, par. 219
19    750 ILCS 5/401from Ch. 40, par. 401
20    750 ILCS 5/402from Ch. 40, par. 402
21    750 ILCS 5/403from Ch. 40, par. 403
22    750 ILCS 5/404from Ch. 40, par. 404
23    750 ILCS 5/404.1from Ch. 40, par. 404.1
24    750 ILCS 5/405from Ch. 40, par. 405
25    750 ILCS 5/409from Ch. 40, par. 409
26    750 ILCS 5/411from Ch. 40, par. 411

 

 

HB6192- 182 -LRB097 21718 KTG 70459 b

1    750 ILCS 5/413from Ch. 40, par. 413
2    750 ILCS 5/452
3    750 ILCS 5/453
4    750 ILCS 5/501from Ch. 40, par. 501
5    750 ILCS 5/501.1from Ch. 40, par. 501.1
6    750 ILCS 5/502from Ch. 40, par. 502
7    750 ILCS 5/503from Ch. 40, par. 503
8    750 ILCS 5/504from Ch. 40, par. 504
9    750 ILCS 5/505from Ch. 40, par. 505
10    750 ILCS 5/505.1from Ch. 40, par. 505.1
11    750 ILCS 5/508from Ch. 40, par. 508
12    750 ILCS 5/510from Ch. 40, par. 510
13    750 ILCS 5/512from Ch. 40, par. 512
14    750 ILCS 5/513from Ch. 40, par. 513
15    750 ILCS 5/513.5 new
16    750 ILCS 5/Pt. VI heading
17    750 ILCS 5/600 new
18    750 ILCS 5/601.2 new
19    750 ILCS 5/602.5 new
20    750 ILCS 5/602.7 new
21    750 ILCS 5/602.10 new
22    750 ILCS 5/603.5 new
23    750 ILCS 5/603.10 new
24    750 ILCS 5/604.10 new
25    750 ILCS 5/606.5 new
26    750 ILCS 5/606.10 new

 

 

HB6192- 183 -LRB097 21718 KTG 70459 b

1    750 ILCS 5/607.5 new
2    750 ILCS 5/609.2 new
3    750 ILCS 5/610.5 new
4    750 ILCS 5/612 new
5    750 ILCS 5/406 rep.
6    750 ILCS 5/407 rep.
7    750 ILCS 5/408 rep.
8    750 ILCS 5/412 rep.
9    750 ILCS 5/514 rep.
10    750 ILCS 5/515 rep.
11    750 ILCS 5/516 rep.
12    750 ILCS 5/517 rep.
13    750 ILCS 5/601 rep.
14    750 ILCS 5/601.5 rep.
15    750 ILCS 5/602 rep.
16    750 ILCS 5/602.1 rep.
17    750 ILCS 5/603 rep.
18    750 ILCS 5/604 rep.
19    750 ILCS 5/604.5 rep.
20    750 ILCS 5/605 rep.
21    750 ILCS 5/606 rep.
22    750 ILCS 5/607 rep.
23    750 ILCS 5/607.1 rep.
24    750 ILCS 5/608 rep.
25    750 ILCS 5/609 rep.
26    750 ILCS 5/610 rep.

 

 

HB6192- 184 -LRB097 21718 KTG 70459 b

1    750 ILCS 5/611 rep.
2    750 ILCS 5/701 rep.
3    750 ILCS 5/703 rep.
4    750 ILCS 60/214from Ch. 40, par. 2312-14
5    750 ILCS 60/223from Ch. 40, par. 2312-23
6    755 ILCS 5/11-7.1from Ch. 110 1/2, par. 11-7.1