99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0057

 

Introduced 1/15/2015, by Sen. John G. Mulroe

 

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 Uniform Child-Custody Jurisdiction and Enforcement Act, the Illinois Domestic Violence Act of 1986, and the Probate Act of 1975 to make conforming changes.


LRB099 05449 HEP 25484 b

 

 

A BILL FOR

 

SB0057LRB099 05449 HEP 25484 b

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 99th 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 99th 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 99th 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 99th 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 99th 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 99th 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
9responsibility allocation custody proceeding of an
10out-of-state party, every court in this State, prior to
11granting or modifying a parental responsibility allocation
12custody judgment, shall inquire with LEADS and the National
13Crime Information Center to ascertain whether the child or
14children in question have been reported missing or have been
15involved in or are the victims of a parental or noncustodial
16abduction. Such inquiry may be conducted with any law
17enforcement agency in this State that maintains a LEADS
18terminal or has immediate access to one on a 24-hour-per-day,
197-day-per-week basis through a written agreement with another
20law enforcement agency.
21(Source: P.A. 93-108, eff. 1-1-04.)
 
22    Section 5-10. The Code of Criminal Procedure of 1963 is

 

 

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1amended by changing Section 112A-23 as follows:
 
2    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
3    Sec. 112A-23. Enforcement of orders of protection.
4    (a) When violation is crime. A violation of any order of
5protection, whether issued in a civil, quasi-criminal
6proceeding, shall be enforced by a criminal court when:
7        (1) The respondent commits the crime of violation of an
8    order of protection pursuant to Section 12-3.4 or 12-30 of
9    the Criminal Code of 1961 or the Criminal Code of 2012, by
10    having knowingly violated:
11            (i) remedies described in paragraphs (1), (2),
12        (3), (14), or (14.5) of subsection (b) of Section
13        112A-14,
14            (ii) a remedy, which is substantially similar to
15        the remedies authorized under paragraphs (1), (2),
16        (3), (14) or (14.5) of subsection (b) of Section 214 of
17        the Illinois Domestic Violence Act of 1986, in a valid
18        order of protection, which is authorized under the laws
19        of another state, tribe or United States territory,
20            (iii) or any other remedy when the act constitutes
21        a crime against the protected parties as defined by the
22        Criminal Code of 1961 or the Criminal Code of 2012.
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

 

 

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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 or
4    the Criminal Code of 2012, by having knowingly violated:
5            (i) remedies described in paragraphs (5), (6) or
6        (8) of subsection (b) of Section 112A-14, or
7            (ii) a remedy, which is substantially similar to
8        the remedies authorized under paragraphs (1), (5),
9        (6), or (8) of subsection (b) of Section 214 of the
10        Illinois Domestic Violence Act of 1986, in a valid
11        order of protection, which is authorized under the laws
12        of another state, tribe or United States territory.
13    (b) When violation is contempt of court. A violation of any
14valid order of protection, whether issued in a civil or
15criminal proceeding, may be enforced through civil or criminal
16contempt 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 Article. Nothing
20in this Article shall preclude any Illinois court from
21enforcing any valid order of protection issued in another
22state. Illinois courts may enforce orders of protection through
23both criminal prosecution and contempt proceedings, unless the
24action which is second in time is barred by collateral estoppel
25or the constitutional prohibition against double jeopardy.
26        (1) In a contempt proceeding where the petition for a

 

 

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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    (c) Violation of custody, allocation of parental
13responsibility, or support orders. A violation of remedies
14described in paragraphs (5), (6), (8), or (9) of subsection (b)
15of Section 112A-14 may be enforced by any remedy provided by
16Section 607.5 611 of the Illinois Marriage and Dissolution of
17Marriage Act. The court may enforce any order for support
18issued under paragraph (12) of subsection (b) of Section
19112A-14 in the manner provided for under Parts V and VII of the
20Illinois Marriage and Dissolution of Marriage Act.
21    (d) Actual knowledge. An order of protection may be
22enforced pursuant to this Section if the respondent violates
23the order after respondent has actual knowledge of its contents
24as shown through one of the following means:
25        (1) By service, delivery, or notice under Section
26    112A-10.

 

 

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

 

 

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

 

 

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1        conditional discharge or supervision, pursuant to
2        Section 5-6-4 of the Unified Code of Corrections;
3            (iii) to revoke or modify a sentence of periodic
4        imprisonment, pursuant to Section 5-7-2 of the Unified
5        Code of Corrections.
6(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
7    Section 5-15. The Illinois Marriage and Dissolution of
8Marriage Act is amended by changing Sections 102, 104, 105,
9107, 209, 219, 304, 401, 402, 403, 404, 405, 409, 411, 413,
10452, 453, 501, 501.1, 502, 503, 504, 505, 505.1, 506, 508, 509,
11510, 512, 513, 602.3, 801 and the heading of Part VI and by
12adding Sections 513.5, 600, 601.2, 602.5, 602.7, 602.8, 602.9,
13602.10, 603.5, 603.10, 604.10, 606.5, 606.10, 607.5, 609.2, and
14610.5 as follows:
 
15    (750 ILCS 5/102)  (from Ch. 40, par. 102)
16    Sec. 102. Purposes; Rules of Construction. This Act shall
17be liberally construed and applied to promote its underlying
18purposes, which are to:
19    (1) provide adequate procedures for the solemnization and
20registration of marriage;
21    (2) strengthen and preserve the integrity of marriage and
22safeguard family relationships;
23    (3) promote the amicable settlement of disputes that have
24arisen between parties to a marriage;

 

 

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1    (4) mitigate the potential harm to the spouses and their
2children caused by the process of an action brought under this
3Act, and protect children from exposure to conflict and
4violence legal dissolution of marriage;
5    (5) ensure predictable decision-making for the care of
6children and for the allocation of parenting time and other
7parental responsibilities, and avoid prolonged uncertainty by
8expeditiously resolving issues involving children;
9    (6) recognize the right of children to a healthy
10relationship with parents, and the responsibility of parents to
11ensure such a relationship;
12    (7) acknowledge that the determination of children's best
13interests, and the allocation of parenting time and significant
14decision-making responsibilities, are among the paramount
15responsibilities of our system of justice, and to that end:
16        (A) recognize children's right to a strong and healthy
17    relationship with parents, and parents' concomitant right
18    and responsibility to create and maintain such
19    relationships;
20        (B) recognize that, in the absence of domestic violence
21    or any other factor that the court expressly finds to be
22    relevant, proximity to, and frequent contact with, both
23    parents promotes healthy development of children;
24        (C) facilitate parental planning and agreement about
25    the children's upbringing and allocation of parenting time
26    and other parental responsibilities;

 

 

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1        (D) continue existing parent-child relationships, and
2    secure the maximum involvement and cooperation of parents
3    regarding the physical, mental, moral, and emotional
4    well-being of the children during and after the litigation;
5    and
6        (E) promote or order parents to participate in programs
7    designed to educate parents to:
8            (i) minimize or eliminate rancor and the
9        detrimental effect of litigation in any proceeding
10        involving children; and
11            (ii) facilitate the maximum cooperation of parents
12        in raising their children;
13    (8) (5) make reasonable provision for support spouses and
14minor children during and after an underlying dissolution of
15marriage, legal separation, parentage, or parental
16responsibility allocation action litigation, including
17provision for timely advances awards of interim fees and costs
18to all attorneys, experts, and opinion witnesses including
19guardians ad litem and children's representatives, to achieve
20substantial parity in parties' access to funds for pre-judgment
21litigation costs in an action for dissolution of marriage or
22legal separation;
23    (9) (6) eliminate the consideration of marital misconduct
24in the adjudication of rights and duties incident to the legal
25dissolution of marriage, legal separation and declaration of
26invalidity of marriage; and

 

 

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

 

 

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1    (a) The provisions of the Civil Practice Law shall apply to
2all proceedings under this Act, except as otherwise provided in
3this Act.
4    (b) A proceeding for dissolution of marriage, legal
5separation or declaration of invalidity of marriage shall be
6entitled "In re the Marriage of ... and ...". A parental
7responsibility allocation custody or support proceeding shall
8be entitled "In re the (Parental Responsibility Custody)
9(Support) of ...".
10    (c) The initial pleading in all proceedings under this Act
11shall be denominated a petition. A responsive pleading shall be
12denominated a response. If new matter by way of defense is
13pleaded in the response, a reply may be filed by the
14petitioner, but the failure to reply is not an admission of the
15legal sufficiency of the new matter. All other pleadings under
16this Act shall be denominated as provided in the Civil Practice
17Law.
18    (d) As used in this Section, "pleadings" includes any
19petition or motion filed in the dissolution of marriage case
20which, if independently filed, would constitute a separate
21cause of action, including, but not limited to, actions for
22declaratory judgment, injunctive relief, and orders of
23protection. Actions under this subsection are subject to
24motions filed pursuant to Sections 2-615 and 2-619 of the Code
25of Civil Procedure.
26(Source: P.A. 82-783.)
 

 

 

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1    (750 ILCS 5/107)  (from Ch. 40, par. 107)
2    Sec. 107. Order of protection; status. Whenever relief is
3sought under Part V, Part VI or Part VII of this Act, the court
4shall inquire and parties shall advise the court, before
5granting relief, shall determine whether any order of
6protection has previously been entered in the instant
7proceeding or any other proceeding in which any party, or a
8child of any party, or both, if relevant, has been designated
9as either a petitioner, respondent, or a protected person.
10(Source: P.A. 87-743.)
 
11    (750 ILCS 5/209)  (from Ch. 40, par. 209)
12    Sec. 209. Solemnization and Registration.)
13    (a) A marriage may be solemnized by a judge of a court of
14record, by a retired judge of a court of record, unless the
15retired judge was removed from office by the Judicial Inquiry
16Board, except that a retired judge shall not receive any
17compensation from the State, a county or any unit of local
18government in return for the solemnization of a marriage and
19there shall be no effect upon any pension benefits conferred by
20the Judges Retirement System of Illinois, by a judge of the
21Court of Claims, by a county clerk in counties having 2,000,000
22or more inhabitants, by a public official whose powers include
23solemnization of marriages, or in accordance with the
24prescriptions of any religious denomination, Indian Nation or

 

 

SB0057- 20 -LRB099 05449 HEP 25484 b

1Tribe or Native Group, provided that when such prescriptions
2require an officiant, the officiant be in good standing with
3his or her religious denomination, Indian Nation or Tribe or
4Native Group. Either the person solemnizing the marriage, or,
5if no individual acting alone solemnized the marriage, both
6parties to the marriage, shall complete the marriage
7certificate form and forward it to the county clerk within 10
8days after such marriage is solemnized.
9    (a-5) Nothing in this Act shall be construed to require any
10religious denomination or Indian Nation or Tribe or Native
11Group, or any minister, clergy, or officiant acting as a
12representative of a religious denomination or Indian Nation or
13Tribe or Native Group, to solemnize any marriage. Instead, any
14religious denomination or Indian Nation or Tribe or Native
15Group, or any minister, clergy, or officiant acting as a
16representative of a religious denomination or Indian Nation or
17Tribe or Native Group is free to choose which marriages it will
18solemnize. Notwithstanding any other law to the contrary, a
19refusal by a religious denomination or Indian Nation or Tribe
20or Native Group, or any minister, clergy, or officiant acting
21as a representative of a religious denomination or Indian
22Nation or Tribe or Native Group to solemnize any marriage under
23this Act shall not create or be the basis for any civil,
24administrative, or criminal penalty, claim, or cause of action.
25    (a-10) No church, mosque, synagogue, temple,
26nondenominational ministry, interdenominational or ecumenical

 

 

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1organization, mission organization, or other organization
2whose principal purpose is the study, practice, or advancement
3of religion is required to provide religious facilities for the
4solemnization ceremony or celebration associated with the
5solemnization ceremony of a marriage if the solemnization
6ceremony or celebration associated with the solemnization
7ceremony is in violation of its religious beliefs. An entity
8identified in this subsection (a-10) shall be immune from any
9civil, administrative, criminal penalty, claim, or cause of
10action based on its refusal to provide religious facilities for
11the solemnization ceremony or celebration associated with the
12solemnization ceremony of a marriage if the solemnization
13ceremony or celebration associated with the solemnization
14ceremony is in violation of its religious beliefs. As used in
15this subsection (a-10), "religious facilities" means
16sanctuaries, parish halls, fellowship halls, and similar
17facilities. "Religious facilities" does not include facilities
18such as businesses, health care facilities, educational
19facilities, or social service agencies.
20    (b) The solemnization of the marriage is not invalidated:
21(1) by the fact that the person solemnizing the marriage was
22not legally qualified to solemnize it, if a reasonable person
23would believe the person solemnizing the marriage to be so
24qualified; if either party to the marriage believed him or her
25to be so qualified or (2) by the fact that the marriage was
26inadvertently solemnized in a county in Illinois other than the

 

 

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1county where the license was issued and filed.
2    (c) Any marriage that meets the requirements of this
3Section shall be presumed valid.
4(Source: P.A. 98-597, eff. 6-1-14.)
 
5    (750 ILCS 5/219)  (from Ch. 40, par. 219)
6    Sec. 219. Offenses.) Any official issuing a license with
7knowledge that the parties are thus prohibited from marrying
8intermarrying and any person authorized to solemnize celebrate
9marriage who shall knowingly solemnize celebrate such a
10marriage shall be guilty of a Class C misdemeanor petty
11offense.
12(Source: P.A. 80-923.)
 
13    (750 ILCS 5/304)  (from Ch. 40, par. 304)
14    Sec. 304. Retroactivity.) Unless the court finds, after a
15consideration of all relevant circumstances, including the
16effect of a retroactive judgment on third parties, that the
17interests of justice would be served by making the judgment not
18retroactive, it shall declare the marriage invalid as of the
19date of the marriage. The provisions of this Act relating to
20property rights of the spouses, maintenance, support and
21custody of children, and allocation of parental
22responsibilities on dissolution of marriage are applicable to
23non-retroactive judgments of invalidity of marriage only.
24(Source: P.A. 80-923.)
 

 

 

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1    (750 ILCS 5/401)  (from Ch. 40, par. 401)
2    Sec. 401. Dissolution of marriage.
3    (a) The court shall enter a judgment of dissolution of
4marriage when if at the time the action was commenced one of
5the spouses was a resident of this State or was stationed in
6this State while a member of the armed services, and the
7residence or military presence had been maintained for 90 days
8next preceding the commencement of the action or the making of
9the finding:
10    Irreconcilable differences have caused the irretrievable
11breakdown of the marriage and the court determines that efforts
12at reconciliation have failed or that future attempts at
13reconciliation would be impracticable and not in the best
14interests of the family.
15    (a-5) If the parties live separate and apart for a
16continuous period of not less than 6 months immediately
17preceding the entry of the judgment dissolving the marriage,
18there is an irrebuttable presumption that the requirement of
19irreconcilable differences has been met. ; provided, however,
20that a finding of residence of a party in any judgment entered
21under this Act from January 1, 1982 through June 30, 1982 shall
22satisfy the former domicile requirements of this Act; and if
23one of the following grounds for dissolution has been proved:
24        (1) That, without cause or provocation by the
25    petitioner: the respondent was at the time of such

 

 

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1    marriage, and continues to be naturally impotent; the
2    respondent had a wife or husband living at the time of the
3    marriage; the respondent had committed adultery subsequent
4    to the marriage; the respondent has wilfully deserted or
5    absented himself or herself from the petitioner for the
6    space of one year, including any period during which
7    litigation may have pended between the spouses for
8    dissolution of marriage or legal separation; the
9    respondent has been guilty of habitual drunkenness for the
10    space of 2 years; the respondent has been guilty of gross
11    and confirmed habits caused by the excessive use of
12    addictive drugs for the space of 2 years, or has attempted
13    the life of the other by poison or other means showing
14    malice, or has been guilty of extreme and repeated physical
15    or mental cruelty, or has been convicted of a felony or
16    other infamous crime; or the respondent has infected the
17    other with a sexually transmitted disease. "Excessive use
18    of addictive drugs", as used in this Section, refers to use
19    of an addictive drug by a person when using the drug
20    becomes a controlling or a dominant purpose of his life; or
21        (2) That the spouses have lived separate and apart for
22    a continuous period in excess of 2 years and irreconcilable
23    differences have caused the irretrievable breakdown of the
24    marriage and the court determines that efforts at
25    reconciliation have failed or that future attempts at
26    reconciliation would be impracticable and not in the best

 

 

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1    interests of the family. If the spouses have lived separate
2    and apart for a continuous period of not less than 6 months
3    next preceding the entry of the judgment dissolving the
4    marriage, as evidenced by testimony or affidavits of the
5    spouses, the requirement of living separate and apart for a
6    continuous period in excess of 2 years may be waived upon
7    written stipulation of both spouses filed with the court.
8    At any time after the parties cease to cohabit, the
9    following periods shall be included in the period of
10    separation:
11            (A) any period of cohabitation during which the
12        parties attempted in good faith to reconcile and
13        participated in marriage counseling under the guidance
14        of any of the following: a psychiatrist, a clinical
15        psychologist, a clinical social worker, a marriage and
16        family therapist, a person authorized to provide
17        counseling in accordance with the prescriptions of any
18        religious denomination, or a person regularly engaged
19        in providing family or marriage counseling; and
20            (B) any period of cohabitation under written
21        agreement of the parties to attempt to reconcile.
22    In computing the period during which the spouses have lived
23separate and apart for purposes of this Section, periods during
24which the spouses were living separate and apart prior to July
251, 1984 are included.
26    (b) Judgment shall not be entered unless, to the extent it

 

 

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1has jurisdiction to do so, the court has considered, approved,
2reserved or made provision for the allocation of parental
3responsibilities child custody, the support of any child of the
4marriage entitled to support, the maintenance of either spouse
5and the disposition of property. The court shall may enter a
6judgment for dissolution that reserves any of these issues
7either upon (i) agreement of the parties, or (ii) motion of
8either party and a finding by the court that appropriate
9circumstances exist.
10    The death of a party subsequent to entry of a judgment for
11dissolution but before judgment on reserved issues shall not
12abate the proceedings.
13    If any provision of this Section or its application shall
14be adjudged unconstitutional or invalid for any reason by any
15court of competent jurisdiction, that judgment shall not
16impair, affect or invalidate any other provision or application
17of this Section, which shall remain in full force and effect.
18(Source: P.A. 89-187, eff. 7-19-95.)
 
19    (750 ILCS 5/402)  (from Ch. 40, par. 402)
20    Sec. 402. Legal Separation.)
21    (a) Any person living separate and apart from his or her
22spouse without fault may have a remedy for reasonable support
23and maintenance while they so live apart.
24    (b) Such action shall be brought in the circuit court of
25the county in which the petitioner or respondent resides or in

 

 

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1which the parties last resided together as husband and wife. In
2the event the respondent cannot be found within the State, the
3action may be brought in the circuit court of the county in
4which the petitioner resides. Commencement of the action,
5temporary relief and trials shall be the same as in actions for
6dissolution of marriage, except that temporary relief in an
7action for legal separation shall be limited to the relief set
8forth in subdivision (a)(1) and items (ii), (iii), and (iv) of
9subdivision (a)(2) of Section 501. If the court deems it
10appropriate to enter a judgment for legal separation, the court
11shall consider the applicable factors in Section 504 in
12awarding maintenance. If the court deems it appropriate to
13enter a judgment for legal separation, the court may approve a
14property settlement agreement that the parties have requested
15the court to incorporate into the judgment, subject to the
16following provisions: .
17        (1) the court may not value or allocate property in the
18    absence of such an agreement;
19        (2) the court may disapprove such an agreement only if
20    it finds that the agreement is unconscionable; and
21        (3) such an agreement is final and non-modifiable.
22    (c) A proceeding or judgment for legal separation shall not
23bar either party from instituting an action for dissolution of
24marriage, and if the party so moving has met the requirements
25of Section 401, a judgment for dissolution shall be granted.
26Absent an agreement set forth in a separation agreement that

 

 

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1provides for non-modifiable permanent maintenance, if a party
2to a judgment for legal separation files an action for
3dissolution of marriage, the issues of temporary and permanent
4maintenance shall be decided de novo.
5(Source: P.A. 82-716.)
 
6    (750 ILCS 5/403)  (from Ch. 40, par. 403)
7    Sec. 403. Pleadings - Commencement - Abolition of Existing
8Defenses - Procedure.)
9    (a) The complaint or petition for dissolution of marriage
10or legal separation shall be verified and shall minimally set
11forth:
12        (1) the age, occupation and residence of each party and
13    his length of residence in this State;
14        (2) the date of the marriage and the place at which it
15    was registered;
16        (2.5) whether a petition for dissolution of marriage is
17    pending in any other county or state;
18        (3) that the jurisdictional requirements of subsection
19    (a) of Section 401 have been met and that irreconcilable
20    differences have caused the irretrievable breakdown of the
21    marriage; and that there exist grounds for dissolution of
22    marriage or legal separation. The petitioner need only
23    allege the name of the particular grounds relied upon,
24    which shall constitute a legally sufficient allegation of
25    the grounds; and the respondent shall be entitled to demand

 

 

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1    a bill of particulars prior to trial setting forth the
2    facts constituting the grounds, if he so chooses. The
3    petition must also contain:
4        (4) the names, ages and addresses of all living
5    children of the marriage and whether a spouse the wife is
6    pregnant;
7        (5) any arrangements as to support, allocation of
8    parental responsibility custody and visitation of the
9    children and maintenance of a spouse; and
10        (6) the relief sought.
11    (b) Either or both parties to the marriage may initiate the
12proceeding.
13    (c) (Blank). The previously existing defense of
14recrimination is abolished. The defense of condonation is
15abolished only as to condonations occurring after a proceeding
16is filed under this Act and after the court has acquired
17jurisdiction over the respondent.
18    (d) The court may join additional parties necessary and
19proper for the exercise of its authority under this Act.
20    (e) Contested trials shall be on a bifurcated basis with
21the issue of whether irreconcilable differences have caused the
22irretrievable breakdown of the marriage, as described in
23Section 401, grounds being tried first, regardless of whether
24that issue is contested or uncontested. Upon the court
25determining that irreconcilable differences have caused the
26irretrievable breakdown of the marriage the grounds exist, the

 

 

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1court may allow additional time for the parties to settle
2amicably the remaining issues before resuming the trial, or may
3proceed immediately to trial on the remaining issues. The court
4has the discretion to use the date of the trial or such other
5date as agreed upon by the parties, or ordered by the court
6within its discretion, for purposes of determining the value of
7assets or property. In cases where the requirements of Section
8401 the grounds are uncontested and proved as in cases of
9default, the trial on all other remaining issues shall proceed
10immediately, if so ordered by the court or if the parties so
11stipulate, issue on the pleadings notwithstanding. Except as
12provided in subsection (b) of Section 401, the court shall
13enter a judgment of dissolution of marriage, including an order
14dissolving the marriage, incorporation of a marital settlement
15agreement if applicable, and any other appropriate findings or
16orders, only at the conclusion of the case and not after
17hearing only the testimony as to whether irreconcilable
18differences have caused the irretrievable breakdown of the
19marriage.
20    (f) (Blank). Even if no bill of particulars shall have been
21filed demanding the specification of the particular facts
22underlying the allegation of the grounds, the court shall
23nonetheless require proper and sufficient proof of the
24existence of the grounds.
25(Source: P.A. 90-174, eff. 10-1-97.)
 

 

 

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1    (750 ILCS 5/404)  (from Ch. 40, par. 404)
2    Sec. 404. Conciliation; mediation.
3    (a) If the court concludes that there is a prospect of
4reconciliation, the court, at the request of either party, or
5on its own motion, may order a conciliation conference. The
6conciliation conference and counseling shall take place at the
7established court conciliation service of that judicial
8district or at any similar service or facility where no court
9conciliation service has been established.
10    (b) The facts adduced at any conciliation conference
11resulting from a referral hereunder, shall not be considered in
12the adjudication of a pending or subsequent action, nor shall
13any report resulting from such conference become part of the
14record of the case unless the parties have stipulated in
15writing to the contrary.
16    The court, upon good cause shown, may prohibit
17conciliation, mediation or other process that requires the
18parties to meet and confer without counsel.
19(Source: P.A. 87-1255.)
 
20    (750 ILCS 5/405)  (from Ch. 40, par. 405)
21    Sec. 405. Hearing on Default - Notice.) If the respondent
22is in default, the court shall proceed to hear the cause upon
23testimony of petitioner taken in open court, and in no case of
24default shall the court grant a dissolution of marriage or
25legal separation or declaration of invalidity of marriage,

 

 

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1unless the judge is satisfied that all proper means have been
2taken to notify the respondent of the pendency of the suit.
3Whenever the judge is satisfied that the interests of the
4respondent require it, the court may order such additional
5notice as may be required. All of the provisions of the Code of
6Civil Procedure relating to default hearings are applicable to
7hearings on default.
8(Source: P.A. 80-923.)
 
9    (750 ILCS 5/409)  (from Ch. 40, par. 409)
10    Sec. 409. Proof of Foreign Marriage.) A marriage which may
11have been solemnized celebrated or had in any foreign state or
12country, may be proved by the acknowledgment of the parties,
13their cohabitation, and other evidence. Certified copies of
14records of a marriage performed in any foreign state or country
15obtained from an authorized state governmental unit, embassy,
16or consulate may be admitted as an exception to the hearsay
17rule circumstantial testimony.
18(Source: P.A. 80-923.)
 
19    (750 ILCS 5/411)  (from Ch. 40, par. 411)
20    Sec. 411. Commencement of Action.)
21    (a) Actions for dissolution of marriage or legal separation
22shall be commenced as in other civil cases or, at the option of
23petitioner, by filing a praecipe for summons with the clerk of
24the court and paying the regular filing fees, in which latter

 

 

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1case, a petition shall be filed within 6 months thereafter, or
2any extension for good cause shown granted by the court.
3    (b) When a praecipe for summons is filed without the
4petition, the summons shall recite that petitioner has
5commenced suit for dissolution of marriage or legal separation
6and shall require the respondent to file his or her appearance
7not later than 30 days from the day the summons is served and
8to plead to the petitioner's petition within 30 days from the
9day the petition is filed.
10    Until a petition has been filed, the court, pursuant to
11subsections (c) and (d) herein, may dismiss the suit, order the
12filing of a petition, or grant leave to the respondent to file
13a petition in the nature of a counter petition.
14    After the filing of the petition, the party filing the same
15shall, within 2 days, serve a copy thereof upon the other
16party, in the manner provided by rule of the Supreme Court for
17service of notices in other civil cases.
18    (c) Unless a respondent voluntarily files an appearance, a
19praecipe for summons filed without the petition shall be served
20on the respondent not later than 30 days after its issuance,
21and upon failure to obtain service upon the respondent within
22the 30 day period, or any extension for good cause shown
23granted by the court, the court shall dismiss the suit.
24    (d) An action for dissolution of marriage or legal
25separation commenced by the filing a praecipe for summons
26without the petition may shall be dismissed if unless a

 

 

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1petition for dissolution of marriage or legal separation has
2not been filed within 6 months after the commencement of the
3action or within the extension granted under subsection (a) of
4this Section.
5    (e) The filing of a praecipe for summons under this Section
6constitutes the commencement of an action that serves as
7grounds for involuntary dismissal under subdivision (a)(3) of
8Section 2-619 of the Code of Civil Procedure of a subsequently
9filed petition for dissolution of marriage or legal separation
10in another county.
11(Source: P.A. 86-630.)
 
12    (750 ILCS 5/413)  (from Ch. 40, par. 413)
13    Sec. 413. Judgment.)
14    (a) A judgment of dissolution of marriage or of legal
15separation or of declaration of invalidity of marriage shall be
16entered within 60 days of the closing of proofs; however, if
17the court enters an order specifying good cause as to why the
18court needs an additional 30 days, the judgment shall be
19entered within 90 days of the closing of proofs, including any
20hearing under subsection (j) of Section 503 of this Act and
21submission of closing arguments. A judgment of dissolution of
22marriage or of legal separation or of declaration of invalidity
23of marriage is final when entered, subject to the right of
24appeal. An appeal from the judgment of dissolution of marriage
25that does not challenge the finding as to grounds does not

 

 

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

 

 

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1declared invalid, the court shall order her maiden name or a
2former name restored.
3    (d) A judgment of dissolution of marriage or legal
4separation, if made, shall be awarded to both of the parties,
5and shall provide that it affects the status previously
6existing between the parties in the manner adjudged.
7(Source: P.A. 96-1072, eff. 1-1-11.)
 
8    (750 ILCS 5/452)
9    Sec. 452. Petition. The parties to a dissolution proceeding
10may file a joint petition for simplified dissolution if they
11certify that all of the following conditions exist when the
12proceeding is commenced:
13        (a) Neither party is dependent on the other party for
14    support or each party is willing to waive the right to
15    support; and the parties understand that consultation with
16    attorneys may help them determine eligibility for spousal
17    support.
18        (b) Either party has met the residency requirement of
19    Section 401 of this Act.
20        (c) The requirements of Section 401 regarding
21    residence or military presence and proof of irreconcilable
22    differences have been met. Irreconcilable differences have
23    caused the irretrievable breakdown of the marriage and the
24    parties have been separated 6 months or more and efforts at
25    reconciliation have failed or future attempts at

 

 

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1    reconciliation would be impracticable and not in the best
2    interests of the family.
3        (d) No children were born of the relationship of the
4    parties or adopted by the parties during the marriage, and
5    the wife, to her knowledge, is not pregnant by the husband.
6        (e) The duration of the marriage does not exceed 8
7    years.
8        (f) Neither party has any interest in real property or
9    retirement benefits unless the retirement benefits are
10    exclusively held in individual retirement accounts and the
11    combined value of the accounts is less than $10,000.
12        (g) The parties waive any rights to maintenance.
13        (h) The total fair market value of all marital
14    property, after deducting all encumbrances, is less than
15    $50,000 $10,000, the combined gross annualized income from
16    all sources is less than $60,000 $35,000, and neither party
17    has a gross annualized income from all sources in excess of
18    $30,000 $20,000.
19        (i) The parties have disclosed to each other all assets
20    and liabilities and their tax returns for all years of the
21    marriage.
22        (j) The parties have executed a written agreement
23    dividing all assets in excess of $100 in value and
24    allocating responsibility for debts and liabilities
25    between the parties.
26(Source: P.A. 90-731, eff. 7-1-99.)
 

 

 

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

 

 

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1    evidence including, but not limited to, income tax returns,
2    pay stubs, and banking statements. Unless the court
3    otherwise directs, any affidavit or supporting documentary
4    evidence submitted pursuant to this paragraph shall not be
5    made part of the public record of the proceedings but shall
6    be available to the court or an appellate court in which
7    the proceedings are subject to review, to the parties,
8    their attorneys, and such other persons as the court may
9    direct. Upon motion of a party, a court may hold a hearing
10    to determine whether and why there is a disparity between a
11    party's sworn affidavit and the supporting documentation.
12    If a party intentionally or recklessly files an inaccurate
13    or misleading financial affidavit, the court shall impose
14    significant penalties and sanctions including, but not
15    limited to, costs and 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,

 

 

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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    Issues concerning temporary maintenance or temporary
21support of a child entitled to support shall be dealt with on a
22summary basis based on financial affidavits, tax returns, pay
23stubs, banking statements, and other relevant documentation,
24except an evidentiary hearing may be held upon a showing of
25good cause. If a party intentionally or recklessly files an
26inaccurate or misleading financial affidavit, the court shall

 

 

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1impose significant penalties and sanctions including, but not
2limited to, costs and attorney's fees resulting from the
3improper representation.
4    (b) The court may issue a temporary restraining order
5without requiring notice to the other party only if it finds,
6on the basis of the moving affidavit or other evidence, that
7irreparable injury will result to the moving party if no order
8is issued until the time for responding has elapsed.
9    (c) A response hereunder may be filed within 21 days after
10service of notice of motion or at the time specified in the
11temporary restraining order.
12    (c-1) As used in this subsection (c-1), "interim attorney's
13fees and costs" means attorney's fees and costs assessed from
14time to time while a case is pending, in favor of the
15petitioning party's current counsel, for reasonable fees and
16costs either already incurred or to be incurred, and "interim
17award" means an award of interim attorney's fees and costs.
18Interim awards shall be governed by the following:
19        (1) Except for good cause shown, a proceeding for (or
20    relating to) interim attorney's fees and costs in a
21    pre-judgment dissolution proceeding shall be
22    nonevidentiary and summary in nature. All hearings for or
23    relating to interim attorney's fees and costs under this
24    subsection shall be scheduled expeditiously by the court.
25    When a party files a petition for interim attorney's fees
26    and costs supported by one or more affidavits that

 

 

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1    delineate relevant factors, the court (or a hearing
2    officer) shall assess an interim award after affording the
3    opposing party a reasonable opportunity to file a
4    responsive pleading. A responsive pleading shall set out
5    the amount of each retainer or other payment or payments,
6    or both, previously paid to the responding party's counsel
7    by or on behalf of the responding party. A responsive
8    pleading shall include costs incurred, and shall indicate
9    whether the costs are paid or unpaid. In assessing an
10    interim award, the court shall consider all relevant
11    factors, as presented, that appear reasonable and
12    necessary, including to the extent applicable:
13            (A) the income and property of each party,
14        including alleged marital property within the sole
15        control of one party and alleged non-marital property
16        within access to a party;
17            (B) the needs of each party;
18            (C) the realistic earning capacity of each party;
19            (D) any impairment to present earning capacity of
20        either party, including age and physical and emotional
21        health;
22            (E) the standard of living established during the
23        marriage;
24            (F) the degree of complexity of the issues,
25        including allocation of parental responsibility
26        custody, valuation or division (or both) of closely

 

 

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1        held businesses, and tax planning, as well as
2        reasonable needs for expert investigations or expert
3        witnesses, or both;
4            (G) each party's access to relevant information;
5            (H) the amount of the payment or payments made or
6        reasonably expected to be made to the attorney for the
7        other party; and
8            (I) any other factor that the court expressly finds
9        to be just and equitable.
10        (2) Any assessment of an interim award (including one
11    pursuant to an agreed order) shall be without prejudice to
12    any final allocation and without prejudice as to any claim
13    or right of either party or any counsel of record at the
14    time of the award. Any such claim or right may be presented
15    by the appropriate party or counsel at a hearing on
16    contribution under subsection (j) of Section 503 or a
17    hearing on counsel's fees under subsection (c) of Section
18    508. Unless otherwise ordered by the court at the final
19    hearing between the parties or in a hearing under
20    subsection (j) of Section 503 or subsection (c) of Section
21    508, interim awards, as well as the aggregate of all other
22    payments by each party to counsel and related payments to
23    third parties, shall be deemed to have been advances from
24    the parties' marital estate. Any portion of any interim
25    award constituting an overpayment shall be remitted back to
26    the appropriate party or parties, or, alternatively, to

 

 

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1    successor counsel, as the court determines and directs,
2    after notice in a form designated by the Supreme Court. An
3    order for the award of interim attorney's fees shall be a
4    standardized form order and labeled "Interim Fee Award
5    Order".
6        (3) In any proceeding under this subsection (c-1), the
7    court (or hearing officer) shall assess an interim award
8    against an opposing party in an amount necessary to enable
9    the petitioning party to participate adequately in the
10    litigation, upon findings that the party from whom
11    attorney's fees and costs are sought has the financial
12    ability to pay reasonable amounts and that the party
13    seeking attorney's fees and costs lacks sufficient access
14    to assets or income to pay reasonable amounts. In
15    determining an award, the court shall consider whether
16    adequate participation in the litigation requires
17    expenditure of more fees and costs for a party that is not
18    in control of assets or relevant information. Except for
19    good cause shown, an interim award shall not be less than
20    payments made or reasonably expected to be made to the
21    counsel for the other party. If the court finds that both
22    parties lack financial ability or access to assets or
23    income for reasonable attorney's fees and costs, the court
24    (or hearing officer) shall enter an order that allocates
25    available funds for each party's counsel, including
26    retainers or interim payments, or both, previously paid, in

 

 

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1    a manner that achieves substantial parity between the
2    parties.
3        (4) The changes to this Section 501 made by this
4    amendatory Act of 1996 apply to cases pending on or after
5    June 1, 1997, except as otherwise provided in Section 508.
6    (c-2) Allocation of use of marital residence. Where there
7is on file a verified complaint or verified petition seeking
8temporary eviction from the marital residence, the court may,
9during the pendency of the proceeding, only in cases where the
10physical or mental well-being of either spouse or his or her
11children is jeopardized by occupancy of the marital residence
12by both spouses, and only upon due notice and full hearing,
13unless waived by the court on good cause shown, enter orders
14granting the exclusive possession of the marital residence to
15either spouse, by eviction from, or restoration of, the marital
16residence, until the final determination of the cause pursuant
17to the factors listed in Section 602.7 of this Act. No such
18order shall in any manner affect any estate in homestead
19property of either party. In entering orders under this
20subsection (c-2), the court shall balance hardships to the
21parties.
22    (d) A temporary order entered under this Section:
23        (1) does not prejudice the rights of the parties or the
24    child which are to be adjudicated at subsequent hearings in
25    the proceeding;
26        (2) may be revoked or modified before final judgment,

 

 

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1    on a showing by affidavit and upon hearing; and
2        (3) terminates when the final judgment is entered or
3    when the petition for dissolution of marriage or legal
4    separation or declaration of invalidity of marriage is
5    dismissed.
6    (e) The fees or costs of mediation shall be borne by the
7parties and may be assessed by the court as it deems equitable
8without prejudice and are subject to reallocation at the
9conclusion of the case.
10(Source: P.A. 96-583, eff. 1-1-10.)
 
11    (750 ILCS 5/501.1)  (from Ch. 40, par. 501.1)
12    Sec. 501.1. Dissolution action stay.
13    (a) Upon service of a summons and petition or praecipe
14filed under the Illinois Marriage and Dissolution of Marriage
15Act or upon the filing of the respondent's appearance in the
16proceeding, whichever first occurs, a dissolution action stay
17shall be in effect against both parties and their agents and
18employees, without bond or further notice, until a final
19judgement is entered, the proceeding is dismissed, or until
20further order of the court:
21        (1) restraining both parties from transferring,
22encumbering, concealing, destroying, spending, damaging, or in
23any way disposing of any property, without the consent of the
24other party or an order of the court, except in the usual
25course of business, for the necessities of life, or for

 

 

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1reasonable costs, expenses, and attorney's fees arising from
2the proceeding, as well as requiring each party to provide
3written notice to the other party and his or her attorney of
4any proposed extraordinary expenditure or transaction;
5         (1) (2) restraining both parties from physically
6    abusing, harassing, intimidating, striking, or interfering
7    with the personal liberty of the other party or the minor
8    children of either party; and
9         (2) (3) restraining both parties from removing any
10    minor child of either party from the State of Illinois or
11    from concealing any such child from the other party,
12    without the consent of the other party or an order of the
13    court.
14    The restraint provided in this subsection (a) does not
15operate to make unavailable any of the remedies provided in the
16Illinois Domestic Violence Act of 1986.
17    A restraint of the parties' actions under this Section does
18not affect the rights of a bona fide purchaser or mortgagee
19whose interest in real property or whose beneficial interest in
20real property under an Illinois land trust was acquired before
21the filing of a lis pendens notice under Section 2-1901 of the
22Code of Civil Procedure.
23    (b) (Blank). Notice of any proposed extraordinary
24expenditure or transaction, as required by subsection (a),
25shall be given as soon as practicable, but not less than 7 days
26before the proposed date for the carrying out or commencement

 

 

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1of the carrying out of the extraordinary expenditure or
2transaction, except in an emergency, in which event notice
3shall be given as soon as practicable under the circumstances.
4If proper notice is given and if the party receiving the notice
5does not object by filing a petition for injunctive relief
6under the Code of Civil Procedure within 7 days of receipt of
7the notice, the carrying out of the proposed extraordinary
8expenditure or transaction is not a violation of the
9dissolution action stay. The dissolution action stay shall
10remain in full force and effect against both parties for 14
11days after the date of filing of a petition for injunctive
12relief by the objecting party (or a shorter period if the court
13so orders); and no extension beyond that 14 day period shall be
14granted by the court. For good cause shown, a party may file a
15petition for a reduction in time with respect to any 7 day
16notice requirement under this subsection.
17    (c) (Blank). A party making any extraordinary expenditure
18or carrying out any extraordinary transaction after a
19dissolution action stay is in effect shall account promptly to
20the court and to the other party for all of those expenditures
21and transactions. This obligation to account applies
22throughout the pendency of the proceeding, irrespective of (i)
23any notice given by any party as to any proposed extraordinary
24expenditure or transaction, (ii) any filing of an objection and
25petition under this Section or the absence of any such filing,
26or (iii) any court ruling as to an issue presented to it by

 

 

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1either party.
2    (d) (Blank). If the party making an extraordinary
3expenditure or transaction fails to provide proper notice or if
4despite proper notice the other party filed a petition and
5prevailed on that petition, and the extraordinary expenditure
6or transaction results in a loss of income or reduction in the
7amount or in the value of property, there is a presumption of
8dissipation of property, equal to the amount of the loss or
9reduction, charged against the party for purposes of property
10distribution under Section 503.
11    (e) In a proceeding filed under this Act, the summons shall
12provide notice of the entry of the automatic dissolution action
13stay in a form as required by applicable rules.
14(Source: P.A. 87-881; 88-24.)
 
15    (750 ILCS 5/502)  (from Ch. 40, par. 502)
16    Sec. 502. Agreement.
17    (a) To promote amicable settlement of disputes between
18parties to a marriage attendant upon the dissolution of their
19marriage, the parties may enter into an a written or oral
20agreement containing provisions for disposition of any
21property owned by either of them, maintenance of either of
22them, and support, parental responsibility allocation custody
23and visitation of their children, and support of their children
24as provided in Section 513 after the children attain majority.
25Any agreement pursuant to this Section must be in writing,

 

 

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1except for good cause shown with the approval of the court,
2before proceeding to an oral prove up.
3    (b) The terms of the agreement, except those providing for
4the support and parental responsibility allocation , custody
5and visitation of children, are binding upon the court unless
6it finds, after considering the economic circumstances of the
7parties and any other relevant evidence produced by the
8parties, on their own motion or on request of the court, that
9the agreement is unconscionable. The terms of the agreement
10incorporated into the judgment are binding if there is any
11conflict between the terms of the agreement and any testimony
12made at an uncontested prove-up hearing on the grounds or the
13substance of the agreement.
14    (c) If the court finds the agreement unconscionable, it may
15request the parties to submit a revised agreement or upon
16hearing, may make orders for the disposition of property,
17maintenance, child support and other matters.
18    (d) Unless the agreement provides to the contrary, its
19terms shall be set forth in the judgment, and the parties shall
20be ordered to perform under such terms, or if the agreement
21provides that its terms shall not be set forth in the judgment,
22the judgment shall identify the agreement and state that the
23court has approved its terms.
24    (e) Terms of the agreement set forth in the judgment are
25enforceable by all remedies available for enforcement of a
26judgment, including contempt, and are enforceable as contract

 

 

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

 

 

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1        (2) property acquired in exchange for property
2    acquired before the marriage or in exchange for property
3    acquired by gift, legacy or descent;
4        (3) property acquired by a spouse after a judgment of
5    legal separation;
6        (4) property excluded by valid agreement of the
7    parties, including a premarital agreement or a postnuptial
8    agreement;
9        (5) any judgment or property obtained by judgment
10    awarded to a spouse from the other spouse except, however,
11    when a spouse is required to sue the other spouse in order
12    to obtain insurance coverage or otherwise recover from a
13    third party and the recovery is directly related to amounts
14    advanced by the marital estate, the judgment shall be
15    considered marital property;
16        (6) property acquired before the marriage, except as it
17    relates to retirement plans that may have both marital and
18    non-marital characteristics;
19        (6.5) all property acquired by a spouse by the sole use
20    of non-marital property as collateral for a loan that then
21    is used to acquire property during the marriage; to the
22    extent that the marital estate repays any portion of the
23    loan, it shall be considered a contribution from the
24    marital estate to the non-marital estate subject to
25    reimbursement;
26        (7) the increase in value of non-marital property

 

 

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

 

 

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

 

 

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1retirement system.
2    The recognition of pension benefits as marital property and
3the division of those benefits pursuant to a Qualified Illinois
4Domestic Relations Order shall not be deemed to be a
5diminishment, alienation, or impairment of those benefits. The
6division of pension benefits is an allocation of property in
7which each spouse has a species of common ownership.
8    (3) For purposes of distribution of property under this
9Section, all stock options and restricted stock or similar form
10of benefit granted to either spouse after the marriage and
11before a judgment of dissolution of marriage or legal
12separation or declaration of invalidity of marriage, whether
13vested or non-vested or whether their value is ascertainable,
14are presumed to be marital property. This presumption of
15marital property is overcome by a showing that the stock
16options or restricted stock or similar form of benefit were
17acquired by a method listed in subsection (a) of this Section.
18The court shall allocate stock options and restricted stock or
19similar form of benefit between the parties at the time of the
20judgment of dissolution of marriage or declaration of
21invalidity of marriage recognizing that the value of the stock
22options and restricted stock or similar form of benefit may not
23be then determinable and that the actual division of the
24options may not occur until a future date. In making the
25allocation between the parties, the court shall consider, in
26addition to the factors set forth in subsection (d) of this

 

 

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1Section, the following:
2        (i) All circumstances underlying the grant of the stock
3    option and restricted stock or similar form of benefit
4    including but not limited to the vesting schedule, whether
5    the grant was for past, present, or future efforts, whether
6    the grant is designed to promote future performance or
7    employment, or any combination thereof.
8        (ii) The length of time from the grant of the option to
9    the time the option is exercisable.
10    (b-5) As to any existing policy of life insurance insuring
11the life of either spouse, or any interest in such policy, that
12constitutes marital property, whether whole life, term life,
13group term life, universal life, or other form of life
14insurance policy, and whether or not the value is
15ascertainable, the court shall allocate ownership, death
16benefits or the right to assign death benefits, and the
17obligation for premium payments, if any, equitably between the
18parties at the time of the judgment for dissolution or
19declaration of invalidity of marriage.
20    (c) Commingled marital and non-marital property shall be
21treated in the following manner, unless otherwise agreed by the
22spouses:
23        (1)(A) If marital and non-marital property are
24    commingled by one estate being contributed into the other,
25    the following shall apply:
26            (i) If the contributed property loses its

 

 

SB0057- 57 -LRB099 05449 HEP 25484 b

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

 

 

SB0057- 58 -LRB099 05449 HEP 25484 b

1    in substantial appreciation to the non-marital property
2    except that if the marital estate reasonably has been
3    compensated for his or her efforts, it shall not be deemed
4    a contribution to the marital estate and there shall be no
5    reimbursement to the marital estate. The court may provide
6    for reimbursement out of the marital property to be divided
7    or by imposing a lien against the non-marital property
8    which received the contribution.
9        (1) When marital and non-marital property are
10    commingled by contributing one estate of property into
11    another resulting in a loss of identity of the contributed
12    property, the classification of the contributed property
13    is transmuted to the estate receiving the contribution,
14    subject to the provisions of paragraph (2) of this
15    subsection; provided that if marital and non-marital
16    property are commingled into newly acquired property
17    resulting in a loss of identity of the contributing
18    estates, the commingled property shall be deemed
19    transmuted to marital property, subject to the provisions
20    of paragraph (2) of this subsection.
21        (2) When one estate of property makes a contribution to
22    another estate of property, or when a spouse contributes
23    personal effort to non-marital property, the contributing
24    estate shall be reimbursed from the estate receiving the
25    contribution notwithstanding any transmutation; provided,
26    that no such reimbursement shall be made with respect to a

 

 

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1    contribution which is not retraceable by clear and
2    convincing evidence, or was a gift, or, in the case of a
3    contribution of personal effort of a spouse to non-marital
4    property, unless the effort is significant and results in
5    substantial appreciation of the non-marital property.
6    Personal effort of a spouse shall be deemed a contribution
7    by the marital estate. The court may provide for
8    reimbursement out of the marital property to be divided or
9    by imposing a lien against the non-marital property which
10    received the contribution.
11    (d) 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 which lacked personal jurisdiction over the absent
15spouse or lacked jurisdiction to dispose of the property, the
16court shall assign each spouse's non-marital property to that
17spouse. It also shall divide the marital property without
18regard to marital misconduct in just proportions considering
19all relevant factors, including:
20        (1) each party's the contribution of each party to the
21    acquisition, preservation, or increase or decrease in
22    value of the marital or non-marital property, including (i)
23    any such decrease attributable to a payment deemed to have
24    been an advance from the parties' marital estate under
25    subsection (c-1)(2) of Section 501; and (ii) the
26    contribution of a spouse as a homemaker or to the family

 

 

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1    unit; and (iii) whether the contribution is after the
2    commencement of a proceeding for dissolution of marriage or
3    declaration of invalidity of marriage;
4        (2) the dissipation by each party of the marital or
5    non-marital property, provided that a party's claim of
6    dissipation is subject to the following conditions:
7            (i) a notice of intent to claim dissipation shall
8        be given no later than 60 days before trial or 30 days
9        after discovery closes, whichever is later;
10            (ii) the notice of intent to claim dissipation
11        shall contain, at a minimum, a date or period of time
12        during which the marriage began undergoing an
13        irretrievable breakdown, an identification of the
14        property dissipated, and a date or period of time
15        during which the dissipation occurred;
16            (iii) a certificate or service of the notice of
17        intent to claim dissipation shall be filed with the
18        clerk of the court and be served pursuant to applicable
19        rules;
20            (iv) no dissipation shall be deemed to have
21        occurred prior to 3 years after the party claiming
22        dissipation knew or should have known of the
23        dissipation, but in no event prior to 5 years before
24        the filing of the petition for dissolution of marriage
25        5 years before the filing of the petition for
26        dissolution of marriage, or 3 years after the party

 

 

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1        claiming dissipation knew or should have known of the
2        dissipation;
3        (3) the value of the property assigned to each spouse;
4        (4) the duration of the marriage;
5        (5) the relevant economic circumstances of each spouse
6    when the division of property is to become effective,
7    including the desirability of awarding the family home, or
8    the right to live therein for reasonable periods, to the
9    spouse having the primary residence custody of the
10    children;
11        (6) any obligations and rights arising from a prior
12    marriage of either party;
13        (7) any prenuptial or postnuptial antenuptial
14    agreement of the parties;
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;
18        (9) the custodial provisions for any children;
19        (10) whether the apportionment is in lieu of or in
20    addition to maintenance;
21        (11) the reasonable opportunity of each spouse for
22    future acquisition of capital assets and income; and
23        (12) the tax consequences of the property division upon
24    the respective economic circumstances of the parties.
25    (e) Each spouse has a species of common ownership in the
26marital property which vests at the time dissolution

 

 

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1proceedings are commenced and continues only during the
2pendency of the action. Any such interest in marital property
3shall not encumber that property so as to restrict its
4transfer, assignment or conveyance by the title holder unless
5such title holder is specifically enjoined from making such
6transfer, assignment or conveyance.
7    (f) In a proceeding for dissolution of marriage or
8declaration of invalidity of marriage or in a proceeding for
9disposition of property following dissolution of marriage by a
10court that lacked personal jurisdiction over the absent spouse
11or lacked jurisdiction to dispose of the property, the court,
12in determining the value of the marital and non-marital
13property for purposes of dividing the property, has the
14discretion to use the date of the trial or such other date as
15agreed upon by the parties, or ordered by the court within its
16discretion, for purposes of determining the value of assets or
17property shall value the property as of the date of trial or
18some other date as close to the date of trial as is
19practicable.
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 or the Criminal
6Code of 2012 if the victim is a child of one or both of the
7parties, and there is a need for, and cost of, care, healing
8and counseling for the child who is the 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 14 30 days after the closing
2    of proofs in the final hearing or within such other period
3    as 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.
16If the court grants a petition brought under Section 2-1401 of
17the Code of Civil Procedure, then the court has the discretion
18to use the date of the trial or such other date as agreed upon
19by the parties, or ordered by the court within its discretion,
20for purposes of determining the value of assets or property.
21    (l) The court may seek the advice of financial experts or
22other professionals, whether or not employed by the court on a
23regular basis. The advice given shall be in writing and made
24available by the court to counsel. Counsel may examine as a
25witness any professional consulted by the court designated as
26the court's witness. Professional personnel consulted by the

 

 

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1court are subject to subpoena for the purposes of discovery,
2trial, or both. The court shall allocate the costs and fees of
3those professional personnel between the parties based upon the
4financial ability of each party and any other criteria the
5court considers appropriate, and the allocation is subject to
6reallocation under subsection (a) of Section 508. Upon the
7request of any party or upon the court's own motion, the court
8may conduct a hearing as to the reasonableness of those fees
9and costs.
10    (m) The changes made to this Section by Public Act 97-941
11this amendatory Act of the 97th General Assembly apply only to
12petitions for dissolution of marriage filed on or after January
131, 2013 (the effective date of Public Act 97-941) this
14amendatory Act of the 97th General Assembly.
15(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section
16985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff.
177-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff.
181-1-13; 97-1150, eff. 1-25-13; revised 12-10-14.)
 
19    (750 ILCS 5/504)  (from Ch. 40, par. 504)
20    Sec. 504. Maintenance.
21    (a) Entitlement to maintenance. In a proceeding for
22dissolution of marriage or legal separation or declaration of
23invalidity of marriage, or a proceeding for maintenance
24following dissolution of the marriage by a court which lacked
25personal jurisdiction over the absent spouse, the court may

 

 

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1grant a temporary or permanent maintenance award for either
2spouse in amounts and for periods of time as the court deems
3just, without regard to marital misconduct, in gross or for
4fixed or indefinite periods of time, and the maintenance may be
5paid from the income or property of the other spouse. The court
6shall first determine whether a maintenance award is
7appropriate, after consideration of all relevant factors,
8including:
9        (1) the income and property of each party, including
10    marital property apportioned and non-marital property
11    assigned to the party seeking maintenance as well as all
12    financial obligations imposed on the parties as a result of
13    the dissolution of marriage;
14        (2) the needs of each party;
15        (3) the realistic present and future earning capacity
16    of each party;
17        (4) any impairment of the present and future earning
18    capacity of the party seeking maintenance due to that party
19    devoting time to domestic duties or having forgone or
20    delayed education, training, employment, or career
21    opportunities due to the marriage;
22        (5) any impairment of the realistic present or future
23    earning capacity of the party against whom maintenance is
24    sought;
25        (6) (5) the time necessary to enable the party seeking
26    maintenance to acquire appropriate education, training,

 

 

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1    and employment, and whether that party is able to support
2    himself or herself through appropriate employment or any
3    parental responsibility arrangements and its effect on the
4    party seeking is the custodian of a child making it
5    appropriate that the custodian not seek employment;
6        (7) (6) the standard of living established during the
7    marriage;
8        (8) (7) the duration of the marriage;
9        (9) the age, health, station, occupation, amount and
10    sources of income, vocational skills, employability,
11    estate, liabilities, and the needs of each of the (8) the
12    age and the physical and emotional condition of both
13    parties;
14        (10) (9) the tax consequences of the property division
15    upon the respective economic circumstances of the parties;
16        (11) (10) contributions and services by the party
17    seeking maintenance to the education, training, career or
18    career potential, or license of the other spouse;
19        (12) (11) any valid agreement of the parties; and
20        (13) (12) any other factor that the court expressly
21    finds to be just and equitable.
22    (b) (Blank).
23    (b-1) Amount and duration of maintenance. If the court
24determines that a maintenance award is appropriate, the court
25shall order maintenance in accordance with either paragraph (1)
26or (2) of this subsection (b-1):

 

 

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1        (1) Maintenance award in accordance with guidelines.
2    In situations when the combined gross income of the parties
3    is less than $250,000 and the payor has no obligation to
4    pay child support or maintenance or both from a prior
5    relationship no multiple family situation exists,
6    maintenance payable after the date the parties' marriage is
7    dissolved shall be in accordance with subparagraphs (A) and
8    (B) of this paragraph (1), unless the court makes a finding
9    that the application of the guidelines would be
10    inappropriate.
11            (A) The amount of maintenance under this paragraph
12        (1) shall be calculated by taking 30% of the payor's
13        gross income minus 20% of the payee's gross income. The
14        amount calculated as maintenance, however, when added
15        to the gross income of the payee, may not result in the
16        payee receiving an amount that is in excess of 40% of
17        the combined gross income of the parties.
18            (B) The duration of an award under this paragraph
19        (1) shall be calculated by multiplying the length of
20        the marriage at the time the action was commenced by
21        whichever of the following factors applies: 5 0-5 years
22        or less (.20); more than 5 years but less than 10 5-10
23        years (.40); 10 years or more but less than 15 10-15
24        years (.60); or 15 years or more but less than 20 15-20
25        years (.80). For a marriage of 20 or more years, the
26        court, in its discretion, shall order either permanent

 

 

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1        maintenance or maintenance for a period equal to the
2        length of the marriage.
3        (2) Maintenance award not in accordance with
4    guidelines. Any non-guidelines award of maintenance shall
5    be made after the court's consideration of all relevant
6    factors set forth in subsection (a) of this Section.
7    (b-2) Findings. In each case involving the issue of
8maintenance, the court shall make specific findings of fact, as
9follows:
10        (1) the court shall state its reasoning for awarding or
11    not awarding maintenance and shall include references to
12    each relevant factor set forth in subsection (a) of this
13    Section; and
14        (2) if the court deviates from otherwise applicable
15    guidelines under paragraph (1) of subsection (b-1), it
16    shall state in its findings the amount of maintenance (if
17    determinable) or duration that would have been required
18    under the guidelines and the reasoning for any variance
19    from the guidelines.
20    (b-3) Gross income. For purposes of this Section, the term
21"gross income" means all income from all sources, within the
22scope of that phase in Section 505 of this Act.
23    (b-4) Unallocated maintenance. Unless the parties
24otherwise agree, the court may not order unallocated
25maintenance and child support in any dissolution judgment or in
26any post-dissolution order. In its discretion, the court may

 

 

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1order unallocated maintenance and child support in any
2pre-dissolution temporary order.
3    (b-4.5) Fixed-term maintenance in marriages of less than 10
4years. If a court grants maintenance for a fixed period under
5subsection (a) of this Section at the conclusion of a case
6commenced before the tenth anniversary of the marriage, the
7court may also designate the termination of the period during
8which this maintenance is to be paid as a "permanent
9termination". The effect of this designation is that
10maintenance is barred after the ending date of the period
11during which maintenance is to be paid.
12    (b-5) Interest on maintenance. Any maintenance obligation
13including any unallocated maintenance and child support
14obligation, or any portion of any support obligation, that
15becomes due and remains unpaid shall accrue simple interest as
16set forth in Section 505 of this Act.
17    (b-7) Maintenance judgments. Any new or existing
18maintenance order including any unallocated maintenance and
19child support order entered by the court under this Section
20shall be deemed to be a series of judgments against the person
21obligated to pay support thereunder. Each such judgment to be
22in the amount of each payment or installment of support and
23each such judgment to be deemed entered as of the date the
24corresponding payment or installment becomes due under the
25terms of the support order, except no judgment shall arise as
26to any installment coming due after the termination of

 

 

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1maintenance as provided by Section 510 of the Illinois Marriage
2and Dissolution of Marriage Act or the provisions of any order
3for maintenance. Each such judgment shall have the full force,
4effect and attributes of any other judgment of this State,
5including the ability to be enforced. Notwithstanding any other
6State or local law to the contrary, a lien arises by operation
7of law against the real and personal property of the obligor
8for each installment of overdue support owed by the obligor.
9    (c) Maintenance during an appeal. The court may grant and
10enforce the payment of maintenance during the pendency of an
11appeal as the court shall deem reasonable and proper.
12    (d) Maintenance during imprisonment. No maintenance shall
13accrue during the period in which a party is imprisoned for
14failure to comply with the court's order for the payment of
15such maintenance.
16    (e) Fees when maintenance is paid through the clerk. When
17maintenance is to be paid through the clerk of the court in a
18county of 1,000,000 inhabitants or less, the order shall direct
19the obligor to pay to the clerk, in addition to the maintenance
20payments, all fees imposed by the county board under paragraph
21(3) of subsection (u) of Section 27.1 of the Clerks of Courts
22Act. Unless paid in cash or pursuant to an order for
23withholding, the payment of the fee shall be by a separate
24instrument from the support payment and shall be made to the
25order of the Clerk.
26    (f) Maintenance secured by life insurance. An award ordered

 

 

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1by a court upon entry of a dissolution judgment or upon entry
2of an award of maintenance following a reservation of
3maintenance in a dissolution judgment may be reasonably
4secured, in whole or in part, by life insurance on the payor's
5life on terms as to which the parties agree, or, if they do not
6agree, on such terms determined by the court, subject to the
7following:
8        (1) With respect to existing life insurance, provided
9    the court is apprised through evidence, stipulation, or
10    otherwise as to level of death benefits, premium, and other
11    relevant data and makes findings relative thereto, the
12    court may allocate death benefits, the right to assign
13    death benefits, or the obligation for future premium
14    payments between the parties as it deems just.
15        (2) To the extent the court determines that its award
16    should be secured, in whole or in part, by new life
17    insurance on the payor's life, the court may only order:
18            (i) that the payor cooperate on all appropriate
19        steps for the payee to obtain such new life insurance;
20        and
21            (ii) that the payee, at his or her sole option and
22        expense, may obtain such new life insurance on the
23        payor's life up to a maximum level of death benefit
24        coverage, or descending death benefit coverage, as is
25        set by the court, such level not to exceed a reasonable
26        amount in light of the court's award, with the payee or

 

 

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1        the payee's designee being the beneficiary of such life
2        insurance.
3    In determining the maximum level of death benefit coverage,
4    the court shall take into account all relevant facts and
5    circumstances, including the impact on access to life
6    insurance by the maintenance payor. If in resolving any
7    issues under paragraph (2) of this subsection (f) a court
8    reviews any submitted or proposed application for new
9    insurance on the life of a maintenance payor, the review
10    shall be in camera.
11        (3) A judgment shall expressly set forth that all death
12    benefits paid under life insurance on a payor's life
13    maintained or obtained pursuant to this subsection to
14    secure maintenance are designated as excludable from the
15    gross income of the maintenance payee under Section
16    71(b)(1)(B) of the Internal Revenue Code, unless an
17    agreement or stipulation of the parties otherwise
18    provides.
19(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
2097-813, eff. 7-13-12; 98-961, eff. 1-1-15.)
 
21    (750 ILCS 5/505)  (from Ch. 40, par. 505)
22    Sec. 505. Child support; contempt; penalties.
23    (a) In a proceeding for dissolution of marriage, legal
24separation, declaration of invalidity of marriage, a
25proceeding for child support following dissolution of the

 

 

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1marriage by a court that lacked personal jurisdiction over the
2absent spouse, a proceeding for modification of a previous
3order for child support under Section 510 of this Act, or any
4proceeding authorized under Section 501 or 601 of this Act, the
5court may order either or both parents owing a duty of support
6to a child of the marriage to pay an amount reasonable and
7necessary for the support of the child, without regard to
8marital misconduct. The duty of support owed to a child
9includes the obligation to provide for the reasonable and
10necessary educational, physical, mental and emotional health
11needs of the child. For purposes of this Section, the term
12"child" shall include any child under age 18 and any child
13under age 19 who is still attending high school. For purposes
14of this Section, the term "supporting parent" means the parent
15obligated to pay support to the other parent.
16        (1) The Court shall determine the minimum amount of
17    support by using the following guidelines:
18Number of ChildrenPercent of Supporting Party's
19Net Income
20120%
21228%
22332%
23440%
24545%
256 or more50%
26        (2) The above guidelines shall be applied in each case

 

 

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1    unless the court finds that a deviation from the guidelines
2    is appropriate after considering the best interest of the
3    child in light of the evidence, including, but not limited
4    to, one or more of the following relevant factors:
5            (a) the financial resources and needs of the child;
6            (b) the financial resources and needs of the
7        custodial parent;
8            (c) the standard of living the child would have
9        enjoyed had the marriage not been dissolved;
10            (d) the physical, mental, and emotional needs of
11        the child;
12            (d-5) the educational needs of the child; and
13            (e) the financial resources and needs of the
14        supporting non-custodial parent.
15        If the court deviates from the guidelines, the court's
16    finding shall state the amount of support that would have
17    been required under the guidelines, if determinable. The
18    court shall include the reason or reasons for the variance
19    from the guidelines.
20        (2.5) The court, in its discretion, in addition to
21    setting child support pursuant to the guidelines and
22    factors, may order either or both parents owing a duty of
23    support to a child of the marriage to contribute to the
24    following expenses, if determined by the court to be
25    reasonable:
26            (a) health needs not covered by insurance;

 

 

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1            (b) child care;
2            (c) education; and
3            (d) extracurricular activities.
4        (3) "Net income" is defined as the total of all income
5    from all sources, minus the following deductions:
6            (a) Federal income tax (properly calculated
7        withholding or estimated payments);
8            (b) State income tax (properly calculated
9        withholding or estimated payments);
10            (c) Social Security (FICA payments);
11            (d) Mandatory retirement contributions required by
12        law or as a condition of employment;
13            (e) Union dues;
14            (f) Dependent and individual
15        health/hospitalization insurance premiums and premiums
16        for life insurance ordered by the court to reasonably
17        secure payment of ordered child support;
18            (g) Prior obligations of support or maintenance
19        actually paid pursuant to a court order;
20            (g-5) Obligations pursuant to a court order for
21        maintenance in the pending proceeding actually paid or
22        payable under Section 504 to the same party to whom
23        child support is to be payable;
24            (h) Expenditures for repayment of debts that
25        represent reasonable and necessary expenses for the
26        production of income including, but not limited to,

 

 

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1        student loans, medical expenditures necessary to
2        preserve life or health, reasonable expenditures for
3        the benefit of the child and the other parent,
4        exclusive of gifts. The court shall reduce net income
5        in determining the minimum amount of support to be
6        ordered only for the period that such payments are due
7        and shall enter an order containing provisions for its
8        self-executing modification upon termination of such
9        payment period;
10            (i) Foster care payments paid by the Department of
11        Children and Family Services for providing licensed
12        foster care to a foster child.
13        (4) In cases where the court order provides for
14    health/hospitalization insurance coverage pursuant to
15    Section 505.2 of this Act, the premiums for that insurance,
16    or that portion of the premiums for which the supporting
17    party is responsible in the case of insurance provided
18    through an employer's health insurance plan where the
19    employer pays a portion of the premiums, shall be
20    subtracted from net income in determining the minimum
21    amount of support to be ordered.
22        (4.5) In a proceeding for child support following
23    dissolution of the marriage by a court that lacked personal
24    jurisdiction over the absent spouse, and in which the court
25    is requiring payment of support for the period before the
26    date an order for current support is entered, there is a

 

 

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1    rebuttable presumption that the supporting party's net
2    income for the prior period was the same as his or her net
3    income at the time the order for current support is
4    entered.
5        (5) If the net income cannot be determined because of
6    default or any other reason, the court shall order support
7    in an amount considered reasonable in the particular case.
8    The final order in all cases shall state the support level
9    in dollar amounts. However, if the court finds that the
10    child support amount cannot be expressed exclusively as a
11    dollar amount because all or a portion of the supporting
12    parent's payor's net income is uncertain as to source, time
13    of payment, or amount, the court may order a percentage
14    amount of support in addition to a specific dollar amount
15    and enter such other orders as may be necessary to
16    determine and enforce, on a timely basis, the applicable
17    support ordered.
18        (6) If (i) the supporting non-custodial parent was
19    properly served with a request for discovery of financial
20    information relating to the supporting non-custodial
21    parent's ability to provide child support, (ii) the
22    supporting non-custodial parent failed to comply with the
23    request, despite having been ordered to do so by the court,
24    and (iii) the supporting non-custodial parent is not
25    present at the hearing to determine support despite having
26    received proper notice, then any relevant financial

 

 

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1    information concerning the supporting non-custodial
2    parent's ability to provide child support that was obtained
3    pursuant to subpoena and proper notice shall be admitted
4    into evidence without the need to establish any further
5    foundation for its admission.
6    (a-5) In an action to enforce an order for support based on
7the respondent's failure to make support payments as required
8by the order, notice of proceedings to hold the respondent in
9contempt for that failure may be served on the respondent by
10personal service or by regular mail addressed to the
11respondent's last known address. The respondent's last known
12address may be determined from records of the clerk of the
13court, from the Federal Case Registry of Child Support Orders,
14or by any other reasonable means.
15    (b) Failure of either parent to comply with an order to pay
16support shall be punishable as in other cases of contempt. In
17addition to other penalties provided by law the Court may,
18after finding the parent guilty of contempt, order that the
19parent be:
20        (1) placed on probation with such conditions of
21    probation as the Court deems advisable;
22        (2) sentenced to periodic imprisonment for a period not
23    to exceed 6 months; provided, however, that the Court may
24    permit the parent to be released for periods of time during
25    the day or night to:
26            (A) work; or

 

 

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1            (B) conduct a business or other self-employed
2        occupation.
3    The Court may further order any part or all of the earnings
4of a parent during a sentence of periodic imprisonment paid to
5the Clerk of the Circuit Court or to the parent having the
6majority of parenting time custody or to the guardian having
7the majority of parenting time custody of the children of the
8sentenced parent for the support of said children until further
9order of the Court.
10    If a parent who is found guilty of contempt for failure to
11comply with an order to pay support is a person who conducts a
12business or who is self-employed, the court in addition to
13other penalties provided by law may order that the parent do
14one or more of the following: (i) provide to the court monthly
15financial statements showing income and expenses from the
16business or the self-employment; (ii) seek employment and
17report periodically to the court with a diary, listing, or
18other memorandum of his or her employment search efforts; or
19(iii) report to the Department of Employment Security for job
20search services to find employment that will be subject to
21withholding for child support.
22    If there is a unity of interest and ownership sufficient to
23render no financial separation between a supporting
24non-custodial parent and another person or persons or business
25entity, the court may pierce the ownership veil of the person,
26persons, or business entity to discover assets of the

 

 

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

 

 

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1days or more delinquent in payment of support or has been
2adjudicated in arrears in an amount equal to 90 days obligation
3or more, that the parent's Illinois driving privileges be
4suspended until the court determines that the parent is in
5compliance with the order of support. The court may also order
6that the parent be issued a family financial responsibility
7driving permit that would allow limited driving privileges for
8employment and medical purposes in accordance with Section
97-702.1 of the Illinois Vehicle Code. The clerk of the circuit
10court shall certify the order suspending the driving privileges
11of the parent or granting the issuance of a family financial
12responsibility driving permit to the Secretary of State on
13forms prescribed by the Secretary. Upon receipt of the
14authenticated documents, the Secretary of State shall suspend
15the parent's driving privileges until further order of the
16court and shall, if ordered by the court, subject to the
17provisions of Section 7-702.1 of the Illinois Vehicle Code,
18issue a family financial responsibility driving permit to the
19parent.
20    In addition to the penalties or punishment that may be
21imposed under this Section, any person whose conduct
22constitutes a violation of Section 15 of the Non-Support
23Punishment Act may be prosecuted under that Act, and a person
24convicted under that Act may be sentenced in accordance with
25that Act. The sentence may include but need not be limited to a
26requirement that the person perform community service under

 

 

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1Section 50 of that Act or participate in a work alternative
2program under Section 50 of that Act. A person may not be
3required to participate in a work alternative program under
4Section 50 of that Act if the person is currently participating
5in a work program pursuant to Section 505.1 of this Act.
6    A support obligation, or any portion of a support
7obligation, which becomes due and remains unpaid as of the end
8of each month, excluding the child support that was due for
9that month to the extent that it was not paid in that month,
10shall accrue simple interest as set forth in Section 12-109 of
11the Code of Civil Procedure. An order for support entered or
12modified on or after January 1, 2006 shall contain a statement
13that a support obligation required under the order, or any
14portion of a support obligation required under the order, that
15becomes due and remains unpaid as of the end of each month,
16excluding the child support that was due for that month to the
17extent that it was not paid in that month, shall accrue simple
18interest as set forth in Section 12-109 of the Code of Civil
19Procedure. Failure to include the statement in the order for
20support does not affect the validity of the order or the
21accrual of interest as provided in this Section.
22    (c) A one-time charge of 20% is imposable upon the amount
23of past-due child support owed on July 1, 1988 which has
24accrued under a support order entered by the court. The charge
25shall be imposed in accordance with the provisions of Section
2610-21 of the Illinois Public Aid Code and shall be enforced by

 

 

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

 

 

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1notify the court and, in cases in which a party is receiving
2child and spouse services under Article X of the Illinois
3Public Aid Code, the Department of Healthcare and Family
4Services, within 7 days, (i) of the name and address of any new
5employer of the obligor, (ii) whether the supporting parent
6obligor has access to health insurance coverage through the
7employer or other group coverage and, if so, the policy name
8and number and the names of persons covered under the policy ,
9except only the initials of any covered minors shall be
10included, and (iii) of any new residential or mailing address
11or telephone number of the supporting non-custodial parent. In
12any subsequent action to enforce a support order, upon a
13sufficient showing that a diligent effort has been made to
14ascertain the location of the supporting non-custodial parent,
15service of process or provision of notice necessary in the case
16may be made at the last known address of the supporting
17non-custodial parent in any manner expressly provided by the
18Code of Civil Procedure or this Act, which service shall be
19sufficient for purposes of due process.
20    (g) An order for support shall include a date on which the
21current support obligation terminates. The termination date
22shall be no earlier than the date on which the child covered by
23the order will attain the age of 18. However, if the child will
24not graduate from high school until after attaining the age of
2518, then the termination date shall be no earlier than the
26earlier of the date on which the child's high school graduation

 

 

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

 

 

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1of the requirements of this subsection. Failure to include the
2statement in the order for support does not affect the validity
3of the order or the operation of the provisions of this
4subsection with regard to the order. This subsection shall not
5be construed to prevent or affect the establishment or
6modification of an order for support of a minor child or the
7establishment or modification of an order for support of a
8non-minor child or educational expenses under Section 513 of
9this Act.
10    (h) An order entered under this Section shall include a
11provision requiring the supporting parent obligor to report to
12the receiving parent obligee and to the clerk of court within
1310 days each time the supporting parent obligor obtains new
14employment, and each time the supporting parent's obligor's
15employment is terminated for any reason. The report shall be in
16writing and shall, in the case of new employment, include the
17name and address of the new employer. Failure to report new
18employment or the termination of current employment, if coupled
19with nonpayment of support for a period in excess of 60 days,
20is indirect criminal contempt. For any supporting parent
21obligor arrested for failure to report new employment bond
22shall be set in the amount of the child support that should
23have been paid during the period of unreported employment. An
24order entered under this Section shall also include a provision
25requiring the supporting parent obligor and receiving obligee
26parents to advise each other of a change in residence within 5

 

 

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1days of the change except when the court finds that the
2physical, mental, or emotional health of a party or that of a
3child, or both, would be seriously endangered by disclosure of
4the party's address.
5    (i) The court does not lose the powers of contempt,
6driver's license suspension, or other child support
7enforcement mechanisms, including, but not limited to,
8criminal prosecution as set forth in this Act, upon the
9emancipation of the minor child or children.
10(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
1197-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13;
1297-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff.
131-1-15.)
 
14    (750 ILCS 5/506)  (from Ch. 40, par. 506)
15    Sec. 506. Representation of child.
16    (a) Duties. In any proceedings involving the support,
17custody, visitation, allocation of parental responsibilities,
18education, parentage, property interest, or general welfare of
19a minor or dependent child, the court may, on its own motion or
20that of any party, appoint an attorney to serve in one of the
21following capacities to address the issues the court
22delineates:
23        (1) Attorney. The attorney shall provide independent
24    legal counsel for the child and shall owe the same duties
25    of undivided loyalty, confidentiality, and competent

 

 

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1    representation as are due an adult client.
2        (2) Guardian ad litem. The guardian ad litem shall
3    testify or submit a written report to the court regarding
4    his or her recommendations in accordance with the best
5    interest of the child. The report shall be made available
6    to all parties. The guardian ad litem may be called as a
7    witness for purposes of cross-examination regarding the
8    guardian ad litem's report or recommendations. The
9    guardian ad litem shall investigate the facts of the case
10    and interview the child and the parties.
11        (3) Child representative. The child representative
12    shall advocate what the child representative finds to be in
13    the best interests of the child after reviewing the facts
14    and circumstances of the case. The child representative
15    shall meet with the child and the parties, investigate the
16    facts of the case, and encourage settlement and the use of
17    alternative forms of dispute resolution. The child
18    representative shall have the same authority and
19    obligation to participate in the litigation as does an
20    attorney for a party and shall possess all the powers of
21    investigation as does a guardian ad litem. The child
22    representative shall consider, but not be bound by, the
23    expressed wishes of the child. A child representative shall
24    have received training in child advocacy or shall possess
25    such experience as determined to be equivalent to such
26    training by the chief judge of the circuit where the child

 

 

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1    representative has been appointed. The child
2    representative shall not disclose confidential
3    communications made by the child, except as required by law
4    or by the Rules of Professional Conduct. The child
5    representative shall not render an opinion,
6    recommendation, or report to the court and shall not be
7    called as a witness, but shall offer evidence-based legal
8    arguments. The child representative shall disclose the
9    position as to what the child representative intends to
10    advocate in a pre-trial memorandum that shall be served
11    upon all counsel of record prior to the trial. The position
12    disclosed in the pre-trial memorandum shall not be
13    considered evidence. The court and the parties may consider
14    the position of the child representative for purposes of a
15    settlement conference.
16    (a-3) Additional appointments. During the proceedings the
17court may appoint an additional attorney to serve in the
18capacity described in subdivision (a)(1) or an additional
19attorney to serve in another of the capacities described in
20subdivision (a)(2) or (a)(3) on the court's own motion or that
21of a party only for good cause shown and when the reasons for
22the additional appointment are set forth in specific findings.
23    (a-5) Appointment considerations. In deciding whether to
24make an appointment of an attorney for the minor child, a
25guardian ad litem, or a child representative, the court shall
26consider the nature and adequacy of the evidence to be

 

 

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1presented by the parties and the availability of other methods
2of obtaining information, including social service
3organizations and evaluations by mental health professions, as
4well as resources for payment.
5    In no event is this Section intended to or designed to
6abrogate the decision making power of the trier of fact. Any
7appointment made under this Section is not intended to nor
8should it serve to place any appointed individual in the role
9of a surrogate judge.
10    (b) Fees and costs. The court shall enter an order as
11appropriate for costs, fees, and disbursements, including a
12retainer, when the attorney, guardian ad litem, or child's
13representative is appointed. Any person appointed under this
14Section shall file with the court within 90 days of his or her
15appointment, and every subsequent 90-day period thereafter
16during the course of his or her representation, a detailed
17invoice for services rendered with a copy being sent to each
18party. The court shall review the invoice submitted and approve
19the fees, if they are reasonable and necessary. Any order
20approving the fees shall require payment by either or both
21parents, by any other party or source, or from the marital
22estate or the child's separate estate. The court may not order
23payment by the Department of Healthcare and Family Services in
24cases in which the Department is providing child support
25enforcement services under Article X of the Illinois Public Aid
26Code. Unless otherwise ordered by the court at the time fees

 

 

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1and costs are approved, all fees and costs payable to an
2attorney, guardian ad litem, or child representative under this
3Section are by implication deemed to be in the nature of
4support of the child and are within the exceptions to discharge
5in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections
6501 and 508 of this Act shall apply to fees and costs for
7attorneys appointed under this Section.
8(Source: P.A. 94-640, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
9    (750 ILCS 5/508)  (from Ch. 40, par. 508)
10    Sec. 508. Attorney's Fees; Client's Rights and
11Responsibilities Respecting Fees and Costs.
12    (a) The court from time to time, after due notice and
13hearing, and after considering the financial resources of the
14parties, may order any party to pay a reasonable amount for his
15own or the other party's costs and attorney's fees. Interim
16attorney's fees and costs may be awarded from the opposing
17party, in a pre-judgment dissolution proceeding in accordance
18with subsection (c-1) of Section 501 and in any other
19proceeding under this subsection. At the conclusion of any
20pre-judgment dissolution proceeding under this subsection,
21contribution to attorney's fees and costs may be awarded from
22the opposing party in accordance with subsection (j) of Section
23503 and in any other proceeding under this subsection. Fees and
24costs may be awarded in any proceeding to counsel from a former
25client in accordance with subsection (c) of this Section.

 

 

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1Awards may be made in connection with the following:
2        (1) The maintenance or defense of any proceeding under
3    this Act.
4        (2) The enforcement or modification of any order or
5    judgment under this Act.
6        (3) The defense of an appeal of any order or judgment
7    under this Act, including the defense of appeals of
8    post-judgment orders.
9        (3.1) The prosecution of any claim on appeal (if the
10    prosecuting party has substantially prevailed).
11        (4) The maintenance or defense of a petition brought
12    under Section 2-1401 of the Code of Civil Procedure seeking
13    relief from a final order or judgment under this Act. Fees
14    incurred with respect to motions under Section 2-1401 of
15    the Code of Civil Procedure may be granted only to the
16    party who substantially prevails.
17        (5) The costs and legal services of an attorney
18    rendered in preparation of the commencement of the
19    proceeding brought under this Act.
20        (6) Ancillary litigation incident to, or reasonably
21    connected with, a proceeding under this Act.
22        (7) Costs and attorney's fees incurred in an action
23    under the Hague Convention on the Civil Aspects of
24    International Child Abduction.
25    All petitions for or relating to interim fees and costs
26under this subsection shall be accompanied by an affidavit as

 

 

SB0057- 95 -LRB099 05449 HEP 25484 b

1to the factual basis for the relief requested and all hearings
2relative to any such petition shall be scheduled expeditiously
3by the court. All provisions for contribution under this
4subsection shall also be subject to paragraphs (3), (4), and
5(5) of subsection (j) of Section 503.
6    The court may order that the award of attorney's fees and
7costs (including an interim or contribution award) shall be
8paid directly to the attorney, who may enforce the order in his
9or her name, or that it shall be paid to the appropriate party.
10Judgment may be entered and enforcement had accordingly. Except
11as otherwise provided in subdivision (e)(1) of this Section,
12subsection (c) of this Section is exclusive as to the right of
13any counsel (or former counsel) of record to petition a court
14for an award and judgment for final fees and costs during the
15pendency of a proceeding under this Act.
16    A petition for temporary attorney's fees in a post-judgment
17case may be heard on a non-evidentiary, summary basis.
18    (b) In every proceeding for the enforcement of an order or
19judgment when the court finds that the failure to comply with
20the order or judgment was without compelling cause or
21justification, the court shall order the party against whom the
22proceeding is brought to pay promptly the costs and reasonable
23attorney's fees of the prevailing party. If non-compliance is
24with respect to a discovery order, the non-compliance is
25presumptively without compelling cause or justification, and
26the presumption may only be rebutted by clear and convincing

 

 

SB0057- 96 -LRB099 05449 HEP 25484 b

1evidence. If at any time a court finds that a hearing under
2this Act was precipitated or conducted for any improper
3purpose, the court shall allocate fees and costs of all parties
4for the hearing to the party or counsel found to have acted
5improperly. Improper purposes include, but are not limited to,
6harassment, unnecessary delay, or other acts needlessly
7increasing the cost of litigation.
8    (c) Final hearings for attorney's fees and costs against an
9attorney's own client, pursuant to a Petition for Setting Final
10Fees and Costs of either a counsel or a client, shall be
11governed by the following:
12        (1) No petition of a counsel of record may be filed
13    against a client unless the filing counsel previously has
14    been granted leave to withdraw as counsel of record or has
15    filed a motion for leave to withdraw as counsel. On receipt
16    of a petition of a client under this subsection (c), the
17    counsel of record shall promptly file a motion for leave to
18    withdraw as counsel. If the client and the counsel of
19    record agree, however, a hearing on the motion for leave to
20    withdraw as counsel filed pursuant to this subdivision
21    (c)(1) may be deferred until completion of any alternative
22    dispute resolution procedure under subdivision (c)(4). As
23    to any Petition for Setting Final Fees and Costs against a
24    client or counsel over whom the court has not obtained
25    jurisdiction, a separate summons shall issue. Whenever a
26    separate summons is not required, original notice as to a

 

 

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1    Petition for Setting Final Fees and Costs may be given, and
2    documents served, in accordance with Illinois Supreme
3    Court Rules 11 and 12.
4        (2) No final hearing under this subsection (c) is
5    permitted unless: (i) the counsel and the client had
6    entered into a written engagement agreement at the time the
7    client retained the counsel (or reasonably soon
8    thereafter) and the agreement meets the requirements of
9    subsection (f); (ii) the written engagement agreement is
10    attached to an affidavit of counsel that is filed with the
11    petition or with the counsel's response to a client's
12    petition; (iii) judgment in any contribution hearing on
13    behalf of the client has been entered or the right to a
14    contribution hearing under subsection (j) of Section 503
15    has been waived; (iv) the counsel has withdrawn as counsel
16    of record; and (v) the petition seeks adjudication of all
17    unresolved claims for fees and costs between the counsel
18    and the client. Irrespective of a Petition for Setting
19    Final Fees and Costs being heard in conjunction with an
20    original proceeding under this Act, the relief requested
21    under a Petition for Setting Final Fees and Costs
22    constitutes a distinct cause of action. A pending but
23    undetermined Petition for Setting Final Fees and Costs
24    shall not affect appealability or enforceability of any
25    judgment or other adjudication in the original proceeding.
26        (3) The determination of reasonable attorney's fees

 

 

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1    and costs either under this subsection (c), whether
2    initiated by a counsel or a client, or in an independent
3    proceeding for services within the scope of subdivisions
4    (1) through (5) of subsection (a), is within the sound
5    discretion of the trial court. The court shall first
6    consider the written engagement agreement and, if the court
7    finds that the former client and the filing counsel,
8    pursuant to their written engagement agreement, entered
9    into a contract which meets applicable requirements of
10    court rules and addresses all material terms, then the
11    contract shall be enforceable in accordance with its terms,
12    subject to the further requirements of this subdivision
13    (c)(3). Before ordering enforcement, however, the court
14    shall consider the performance pursuant to the contract.
15    Any amount awarded by the court must be found to be fair
16    compensation for the services, pursuant to the contract,
17    that the court finds were reasonable and necessary. Quantum
18    meruit principles shall govern any award for legal services
19    performed that is not based on the terms of the written
20    engagement agreement (except that, if a court expressly
21    finds in a particular case that aggregate billings to a
22    client were unconscionably excessive, the court in its
23    discretion may reduce the award otherwise determined
24    appropriate or deny fees altogether).
25        (4) No final hearing under this subsection (c) is
26    permitted unless any controversy over fees and costs (that

 

 

SB0057- 99 -LRB099 05449 HEP 25484 b

1    is not otherwise subject to some form of alternative
2    dispute resolution) has first been submitted to mediation,
3    arbitration, or any other court approved alternative
4    dispute resolution procedure, except as follows:
5            (A) In any circuit court for a single county with a
6        population in excess of 1,000,000, the requirement of
7        the controversy being submitted to an alternative
8        dispute resolution procedure is mandatory unless the
9        client and the counsel both affirmatively opt out of
10        such procedures; or
11            (B) In any other circuit court, the requirement of
12        the controversy being submitted to an alternative
13        dispute resolution procedure is mandatory only if
14        neither the client nor the counsel affirmatively opts
15        out of such procedures.
16        After completion of any such procedure (or after one or
17    both sides has opted out of such procedures), if the
18    dispute is unresolved, any pending motion for leave to
19    withdraw as counsel shall be promptly granted and a final
20    hearing under this subsection (c) shall be expeditiously
21    set and completed.
22        (5) A petition (or a praecipe for fee hearing without
23    the petition) shall be filed no later than the end of the
24    period in which it is permissible to file a motion pursuant
25    to Section 2-1203 of the Code of Civil Procedure. A
26    praecipe for fee hearing shall be dismissed if a Petition

 

 

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1    for Setting Final Fees and Costs is not filed within 60
2    days after the filing of the praecipe. A counsel who
3    becomes a party by filing a Petition for Setting Final Fees
4    and Costs, or as a result of the client filing a Petition
5    for Setting Final Fees and Costs, shall not be entitled to
6    exercise the right to a substitution of a judge without
7    cause under subdivision (a)(2) of Section 2-1001 of the
8    Code of Civil Procedure. Each of the foregoing deadlines
9    for the filing of a praecipe or a petition shall be:
10        (A) tolled if a motion is filed under Section 2-1203 of
11    the Code of Civil Procedure, in which instance a petition
12    (or a praecipe) shall be filed no later than 30 days
13    following disposition of all Section 2-1203 motions; or
14        (B) tolled if a notice of appeal is filed, in which
15    instance a petition (or praecipe) shall be filed no later
16    than 30 days following the date jurisdiction on the issue
17    appealed is returned to the trial court.
18    If a praecipe has been timely filed, then by timely filed
19written stipulation between counsel and client (or former
20client), the deadline for the filing of a petition may be
21extended for a period of up to one year.
22    (d) A consent judgment, in favor of a current counsel of
23record against his or her own client for a specific amount in a
24marital settlement agreement, dissolution judgment, or any
25other instrument involving the other litigant, is prohibited. A
26consent judgment between client and counsel, however, is

 

 

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1permissible if it is entered pursuant to a verified petition
2for entry of consent judgment, supported by an affidavit of the
3counsel of record that includes the counsel's representation
4that the client has been provided an itemization of the billing
5or billings to the client, detailing hourly costs, time spent,
6and tasks performed, and by an affidavit of the client
7acknowledging receipt of that documentation, awareness of the
8right to a hearing, the right to be represented by counsel
9(other than counsel to whom the consent judgment is in favor),
10and the right to be present at the time of presentation of the
11petition, and agreement to the terms of the judgment. The
12petition may be filed at any time during which it is
13permissible for counsel of record to file a petition (or a
14praecipe) for a final fee hearing, except that no such petition
15for entry of consent judgment may be filed before adjudication
16(or waiver) of the client's right to contribution under
17subsection (j) of Section 503 or filed after the filing of a
18petition (or a praecipe) by counsel of record for a fee hearing
19under subsection (c) if the petition (or praecipe) remains
20pending. No consent security arrangement between a client and a
21counsel of record, pursuant to which assets of a client are
22collateralized to secure payment of legal fees or costs, is
23permissible unless approved in advance by the court as being
24reasonable under the circumstances.
25    (e) Counsel may pursue an award and judgment against a
26former client for legal fees and costs in an independent

 

 

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1proceeding in the following circumstances:
2        (1) While a case under this Act is still pending, a
3    former counsel may pursue such an award and judgment at any
4    time subsequent to 90 days after the entry of an order
5    granting counsel leave to withdraw; and
6        (2) After the close of the period during which a
7    petition (or praecipe) may be filed under subdivision
8    (c)(5), if no such petition (or praecipe) for the counsel
9    remains pending, any counsel or former counsel may pursue
10    such an award and judgment in an independent proceeding.
11In an independent proceeding, the prior applicability of this
12Section shall in no way be deemed to have diminished any other
13right of any counsel (or former counsel) to pursue an award and
14judgment for legal fees and costs on the basis of remedies that
15may otherwise exist under applicable law; and the limitations
16period for breach of contract shall apply. In an independent
17proceeding under subdivision (e)(1) in which the former counsel
18had represented a former client in a dissolution case that is
19still pending, the former client may bring in his or her spouse
20as a third-party defendant, provided on or before the final
21date for filing a petition (or praecipe) under subsection (c),
22the party files an appropriate third-party complaint under
23Section 2-406 of the Code of Civil Procedure. In any such case,
24any judgment later obtained by the former counsel shall be
25against both spouses or ex-spouses, jointly and severally
26(except that, if a hearing under subsection (j) of Section 503

 

 

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1has already been concluded and the court hearing the
2contribution issue has imposed a percentage allocation between
3the parties as to fees and costs otherwise being adjudicated in
4the independent proceeding, the allocation shall be applied
5without deviation by the court in the independent proceeding
6and a separate judgment shall be entered against each spouse
7for the appropriate amount). After the period for the
8commencement of a proceeding under subsection (c), the
9provisions of this Section (other than the standard set forth
10in subdivision (c)(3) and the terms respecting consent security
11arrangements in subsection (d) of this Section 508) shall be
12inapplicable.
13    The changes made by this amendatory Act of the 94th General
14Assembly are declarative of existing law.
15    (f) Unless the Supreme Court by rule addresses the matters
16set out in this subsection (f), a written engagement agreement
17within the scope of subdivision (c)(2) shall have appended to
18it verbatim the following Statement:
 
19
"STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
20    (1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement
21agreement, prepared by the counsel, shall clearly address the
22objectives of representation and detail the fee arrangement,
23including all material terms. If fees are to be based on
24criteria apart from, or in addition to, hourly rates, such
25criteria (e.g., unique time demands and/or utilization of

 

 

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1unique expertise) shall be delineated. The client shall receive
2a copy of the written engagement agreement and any additional
3clarification requested and is advised not to sign any such
4agreement which the client finds to be unsatisfactory or does
5not understand.
6    (2) REPRESENTATION. Representation will commence upon the
7signing of the written engagement agreement. The counsel will
8provide competent representation, which requires legal
9knowledge, skill, thoroughness and preparation to handle those
10matters set forth in the written engagement agreement. Once
11employed, the counsel will act with reasonable diligence and
12promptness, as well as use his best efforts on behalf of the
13client, but he cannot guarantee results. The counsel will abide
14by the client's decision concerning the objectives of
15representation, including whether or not to accept an offer of
16settlement, and will endeavor to explain any matter to the
17extent reasonably necessary to permit the client to make
18informed decisions regarding representation. During the course
19of representation and afterwards, the counsel may not use or
20reveal a client's confidence or secrets, except as required or
21permitted by law.
22    (3) COMMUNICATION. The counsel will keep the client
23reasonably informed about the status of representation and will
24promptly respond to reasonable requests for information,
25including any reasonable request for an estimate respecting
26future costs of the representation or an appropriate portion of

 

 

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1it. The client shall be truthful in all discussions with the
2counsel and provide all information or documentation required
3to enable the counsel to provide competent representation.
4During representation, the client is entitled to receive all
5pleadings and substantive documents prepared on behalf of the
6client and every document received from any other counsel of
7record. At the end of the representation and on written request
8from the client, the counsel will return to the client all
9original documents and exhibits. In the event that the counsel
10withdraws from representation, or is discharged by the client,
11the counsel will turn over to the substituting counsel (or, if
12no substitutions, to the client) all original documents and
13exhibits together with complete copies of all pleadings and
14discovery within thirty (30) days of the counsel's withdrawal
15or discharge.
16    (4) ETHICAL CONDUCT. The counsel cannot be required to
17engage in conduct which is illegal, unethical, or fraudulent.
18In matters involving minor children, the counsel may refuse to
19engage in conduct which, in the counsel's professional
20judgment, would be contrary to the best interest of the
21client's minor child or children. A counsel who cannot
22ethically abide by his client's directions shall be allowed to
23withdraw from representation.
24    (5) FEES. The counsel's fee for services may not be
25contingent upon the securing of a dissolution of marriage or ,
26upon being allocated parental responsibility obtaining

 

 

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1custody, or be based upon the amount of maintenance, child
2support, or property settlement received, except as
3specifically permitted under Supreme Court rules. The counsel
4may not require a non-refundable retainer fee, but must remit
5back any overpayment at the end of the representation. The
6counsel may enter into a consensual security arrangement with
7the client whereby assets of the client are pledged to secure
8payment of legal fees or costs, but only if the counsel first
9obtains approval of the Court. The counsel will prepare and
10provide the client with an itemized billing statement detailing
11hourly rates (and/or other criteria), time spent, tasks
12performed, and costs incurred on a regular basis, at least
13quarterly. The client should review each billing statement
14promptly and address any objection or error in a timely manner.
15The client will not be billed for time spent to explain or
16correct a billing statement. If an appropriately detailed
17written estimate is submitted to a client as to future costs
18for a counsel's representation or a portion of the contemplated
19services (i.e., relative to specific steps recommended by the
20counsel in the estimate) and, without objection from the
21client, the counsel then performs the contemplated services,
22all such services are presumptively reasonable and necessary,
23as well as to be deemed pursuant to the client's direction. In
24an appropriate case, the client may pursue contribution to his
25or her fees and costs from the other party.
26    (6) DISPUTES. The counsel-client relationship is regulated

 

 

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1by the Illinois Rules of Professional Conduct (Article VIII of
2the Illinois Supreme Court Rules), and any dispute shall be
3reviewed under the terms of such Rules."
4    (g) The changes to this Section 508 made by this amendatory
5Act of 1996 apply to cases pending on or after June 1, 1997,
6except as follows:
7        (1) Subdivisions (c)(1) and (c)(2) of this Section 508,
8    as well as provisions of subdivision (c)(3) of this Section
9    508 pertaining to written engagement agreements, apply
10    only to cases filed on or after June 1, 1997.
11        (2) The following do not apply in the case of a hearing
12    under this Section that began before June 1, 1997:
13            (A) Subsection (c-1) of Section 501.
14            (B) Subsection (j) of Section 503.
15            (C) The changes to this Section 508 made by this
16        amendatory Act of 1996 pertaining to the final setting
17        of fees.
18(Source: P.A. 96-583, eff. 1-1-10.)
 
19    (750 ILCS 5/509)  (from Ch. 40, par. 509)
20    Sec. 509. Independence of Provisions of Judgment or
21Temporary Order.) If a party fails to comply with a provision
22of a judgment, order or injunction, the obligation of the other
23party to make payments for support or maintenance or to permit
24visitation or parenting time is not suspended; but he may move
25the court to grant an appropriate order.

 

 

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1(Source: P.A. 80-923.)
 
2    (750 ILCS 5/510)  (from Ch. 40, par. 510)
3    Sec. 510. Modification and termination of provisions for
4maintenance, support, educational expenses, and property
5disposition.
6    (a) Except as otherwise provided in paragraph (f) of
7Section 502 and in subsection (b), clause (3) of Section 505.2,
8the provisions of any judgment respecting maintenance or
9support may be modified only as to installments accruing
10subsequent to due notice by the moving party of the filing of
11the motion for modification. An order for child support may be
12modified as follows:
13        (1) upon a showing of a substantial change in
14    circumstances; and
15        (2) without the necessity of showing a substantial
16    change in circumstances, as follows:
17            (A) upon a showing of an inconsistency of at least
18        20%, but no less than $10 per month, between the amount
19        of the existing order and the amount of child support
20        that results from application of the guidelines
21        specified in Section 505 of this Act unless the
22        inconsistency is due to the fact that the amount of the
23        existing order resulted from a deviation from the
24        guideline amount and there has not been a change in the
25        circumstances that resulted in that deviation; or

 

 

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1            (B) upon a showing of a need to provide for the
2        health care needs of the child under the order through
3        health insurance or other means. In no event shall the
4        eligibility for or receipt of medical assistance be
5        considered to meet the need to provide for the child's
6        health care needs.
7    The provisions of subparagraph (a)(2)(A) shall apply only
8in cases in which a party is receiving child support
9enforcement services from the Department of Healthcare and
10Family Services under Article X of the Illinois Public Aid
11Code, and only when at least 36 months have elapsed since the
12order for child support was entered or last modified.
13    (a-5) An order for maintenance may be modified or
14terminated only upon a showing of a substantial change in
15circumstances. In all such proceedings, as well as in
16proceedings in which maintenance is being reviewed, the court
17shall consider the applicable factors set forth in subsection
18(a) of Section 504 and the following factors:
19        (1) any change in the employment status of either party
20    and whether the change has been made in good faith;
21        (2) the efforts, if any, made by the party receiving
22    maintenance to become self-supporting, and the
23    reasonableness of the efforts where they are appropriate;
24        (3) any impairment of the present and future earning
25    capacity of either party;
26        (4) the tax consequences of the maintenance payments

 

 

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1    upon the respective economic circumstances of the parties;
2        (5) the duration of the maintenance payments
3    previously paid (and remaining to be paid) relative to the
4    length of the marriage;
5        (6) the property, including retirement benefits,
6    awarded to each party under the judgment of dissolution of
7    marriage, judgment of legal separation, or judgment of
8    declaration of invalidity of marriage and the present
9    status of the property;
10        (7) the increase or decrease in each party's income
11    since the prior judgment or order from which a review,
12    modification, or termination is being sought;
13        (8) the property acquired and currently owned by each
14    party after the entry of the judgment of dissolution of
15    marriage, judgment of legal separation, or judgment of
16    declaration of invalidity of marriage; and
17        (9) any other factor that the court expressly finds to
18    be just and equitable.
19    (a-6) In a review under subsection (b-4.5) of Section 504
20of this Act, the court may enter a fixed-term maintenance award
21that bars future maintenance only if at the time of the entry
22of the award, the marriage had lasted 10 years or less at the
23time the original action was commenced.
24    (b) The provisions as to property disposition may not be
25revoked or modified, unless the court finds the existence of
26conditions that justify the reopening of a judgment under the

 

 

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1laws of this State.
2    (c) Unless otherwise agreed by the parties in a written
3agreement set forth in the judgment or otherwise approved by
4the court, the obligation to pay future maintenance is
5terminated upon the death of either party, or the remarriage of
6the party receiving maintenance, or if the party receiving
7maintenance cohabits with another person on a resident,
8continuing conjugal basis. A payor's obligation to pay
9maintenance or unallocated maintenance terminates by operation
10of law on the date the recipient remarries or the date the
11court finds cohabitation began. The payor is entitled to
12reimbursement for all maintenance paid from that date forward.
13Any obligation of a payor party for premium payments respecting
14insurance on such party's life imposed under subsection (f) of
15Section 504 is also terminated on the occurrence of any of the
16foregoing events, unless otherwise agreed by the parties. Any
17termination of an obligation for maintenance as a result of the
18death of the payor party, however, shall be inapplicable to any
19right of the other party or such other party's designee to
20receive a death benefit under such insurance on the payor
21party's life. A party receiving maintenance must advise the
22payor of his or her intention to marry at least 30 days before
23the remarriage, unless the decision is made within this time
24period. In that event, he or she must notify the other party
25within 72 hours of getting married.
26    (c-5) In an adjudicated case, the court shall make specific

 

 

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

 

 

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1decedent under Sections 505 and 513 and subsection (d) and this
2subsection shall be governed by the provisions of the Probate
3Act of 1975, as a barrable, noncontingent claim.
4    (f) A petition to modify or terminate child support or
5allocation of parental responsibilities , custody, or
6visitation shall not delay any child support enforcement
7litigation or supplementary proceeding on behalf of the
8obligee, including, but not limited to, a petition for a rule
9to show cause, for non-wage garnishment, or for a restraining
10order.
11(Source: P.A. 97-608, eff. 1-1-12.)
 
12    (750 ILCS 5/512)  (from Ch. 40, par. 512)
13    Sec. 512. Post-Judgment Venue.) After 30 days from the
14entry of a judgment of dissolution of marriage or legal
15separation or the last modification thereof, any further
16proceedings to enforce or modify the judgment shall be as
17follows:
18    (a) If the respondent does not then reside within this
19State, further proceedings shall be had either in the judicial
20circuit wherein the moving party resides or where the judgment
21was entered or last modified.
22    (b) If one or both of the parties then resides in the
23judicial circuit wherein the judgment was entered or last
24modified, further proceedings shall be had in the judicial
25circuit that last exercised jurisdiction in the matter;

 

 

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1provided, however, that the court may in its discretion,
2transfer matters involving a change in the allocation of
3parental responsibility child custody to the judicial circuit
4where the minor or dependent child resides.
5    (c) If neither party then resides in the judicial circuit
6wherein the judgment was entered or last modified, further
7proceedings shall be had in that circuit or in the judicial
8circuit wherein either party resides or where the respondent is
9actively employed; provided, however, that the court may, in
10its discretion, transfer matters involving a change in the
11allocation of parental responsibility child custody to the
12judicial circuit where the minor or dependent child resides.
13    (d) Objection to venue is waived if not made within such
14time as the respondent's answer is due. Counter relief shall be
15heard and determined by the court hearing any matter already
16pending.
17(Source: P.A. 80-923.)
 
18    (750 ILCS 5/513)  (from Ch. 40, par. 513)
19    Sec. 513. Educational Expenses Support for a Non-minor
20Child Children and Educational Expenses.
21    (a) The court may award sums of money out of the property
22and income of either or both parties or the estate of a
23deceased parent, as equity may require, for the educational
24expenses support of any the child or children of the parties.
25Unless otherwise agreed to by the parties, all educational

 

 

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1expenses which are the subject of a petition brought pursuant
2to this Section shall be incurred no later than the student's
323rd birthday, except for good cause shown, but in no event
4later than the child's 25th birthday.
5    (b) Regardless of whether an award has been made under
6subsection (a), the court may require both parties and the
7child to complete the Free Application for Federal Student Aid
8(FAFSA) and other financial aid forms and to submit any form of
9that type prior to the designated submission deadline for the
10form. The court may require either or both parties to provide
11funds for the child so as to pay for the cost of up to 5 college
12applications, the cost of 2 standardized college entrance
13examinations, and the cost of one standardized college entrance
14examination preparatory course.
15    (c) The authority under this Section to make provision for
16educational expenses extends not only to periods of college
17education or vocational or professional or other training after
18graduation from high school, but also to any period during
19which the child of the parties is still attending high school,
20even though he or she attained the age of 19.
21    (d) Educational expenses may include, but shall not be
22limited to, the following:
23        (1) except for good cause shown, the actual cost of the
24    child's post-secondary expenses, including tuition and
25    fees, provided that the cost for tuition and fees does not
26    exceed the amount of tuition and fees paid by a student at

 

 

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1    the University of Illinois at Urbana-Champaign for the same
2    academic year;
3        (2) except for good cause shown, the actual costs of
4    the child's housing expenses, whether on-campus and
5    off-campus, provided that the housing expenses do not
6    exceed the cost for the same academic year of a
7    double-occupancy student room, with a standard meal plan,
8    in a residence hall operated by the University of Illinois
9    at Urbana-Champaign;
10        (3) the actual costs of the child's medical expenses,
11    including medical insurance, and dental expenses;
12        (4) the reasonable living expenses of the child during
13    the academic year and periods of recess:
14            (A) if the child is a resident student attending a
15        post-secondary educational program; or
16            (B) if the child is living with one party at that
17        party's home and attending a post-secondary
18        educational program as a non-resident student, in
19        which case the living expenses include an amount that
20        pays for the reasonable cost of the child's food,
21        utilities, and transportation; and
22        (5) the cost of books and other supplies necessary to
23    attend college.
24    (e) Sums may be ordered payable to the child, to either
25party, or to the educational institution, directly or through a
26special account or trust created for that purpose, as the court

 

 

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1sees fit.
2    (f) If educational expenses are ordered payable, each party
3and the child shall sign any consent necessary for the
4educational institution to provide a supporting party with
5access to the child's academic transcripts, records, and grade
6reports. The consent shall not apply to any non-academic
7records. Failure to execute the required consent may be a basis
8for a modification or termination of any order entered under
9this Section. Unless the court specifically finds that the
10child's safety would be jeopardized, each party is entitled to
11know the name of the educational institution the child attends.
12    (g) The authority under this Section to make provision for
13educational expenses terminates when the child either: fails to
14maintain a cumulative "C" grade point average, except in the
15event of illness or other good cause shown; attains the age of
1623; receives a baccalaureate degree; or marries. A child's
17enlisting in the armed forces, being incarcerated, or becoming
18pregnant does not terminate the court's authority to make
19provisions for the educational expenses for the child under
20this Section.
21    (h) An account established prior to the dissolution that is
22to be used for the child's post-secondary education, that is an
23account in a state tuition program under Section 529 of the
24Internal Revenue Code, or that is some other college savings
25plan, is to be considered by the court to be a resource of the
26child, provided that any post-judgment contribution made by a

 

 

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1party to such an account is to be considered a contribution
2from that party.
3    (i) The child is not a third party beneficiary to the
4settlement agreement or judgment between the parties after
5trial and is not entitled to file a petition for contribution.
6If the parties' settlement agreement describes the manner in
7which a child's educational expenses will be paid, or if the
8court makes an award pursuant to this Section, then the parties
9are responsible pursuant to that agreement or award for the
10child's educational expenses, but in no event shall the court
11consider the child a third party beneficiary of that provision.
12In the event of the death or legal disability of a party who
13would have the right to file a petition for contribution, the
14child of the party may file a petition for contribution.
15who have attained majority in the following instances:
16        (1) When the child is mentally or physically disabled
17    and not otherwise emancipated, an application for support
18    may be made before or after the child has attained
19    majority.
20        (2) The court may also make provision for the
21    educational expenses of the child or children of the
22    parties, whether of minor or majority age, and an
23    application for educational expenses may be made before or
24    after the child has attained majority, or after the death
25    of either parent. The authority under this Section to make
26    provision for educational expenses extends not only to

 

 

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1    periods of college education or professional or other
2    training after graduation from high school, but also to any
3    period during which the child of the parties is still
4    attending high school, even though he or she attained the
5    age of 19. The educational expenses may include, but shall
6    not be limited to, room, board, dues, tuition,
7    transportation, books, fees, registration and application
8    costs, medical expenses including medical insurance,
9    dental expenses, and living expenses during the school year
10    and periods of recess, which sums may be ordered payable to
11    the child, to either parent, or to the educational
12    institution, directly or through a special account or trust
13    created for that purpose, as the court sees fit.
14        If educational expenses are ordered payable, each
15    parent and the child shall sign any consents necessary for
16    the educational institution to provide the supporting
17    parent with access to the child's academic transcripts,
18    records, and grade reports. The consents shall not apply to
19    any non-academic records. Failure to execute the required
20    consent may be a basis for a modification or termination of
21    any order entered under this Section. Unless the court
22    specifically finds that the child's safety would be
23    jeopardized, each parent is entitled to know the name of
24    the educational institution the child attends. This
25    amendatory Act of the 95th General Assembly applies to all
26    orders entered under this paragraph (2) on or after the

 

 

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1    effective date of this amendatory Act of the 95th General
2    Assembly.
3        The authority under this Section to make provision for
4    educational expenses, except where the child is mentally or
5    physically disabled and not otherwise emancipated,
6    terminates when the child receives a baccalaureate degree.
7    (j) (b) In making awards under this Section paragraph (1)
8or (2) of subsection (a), or pursuant to a petition or motion
9to decrease, modify, or terminate any such award, the court
10shall consider all relevant factors that appear reasonable and
11necessary, including:
12        (1) The present and future financial resources of both
13    parties to meet their needs, including, but not limited to,
14    savings for retirement The financial resources of both
15    parents.
16        (2) The standard of living the child would have enjoyed
17    had the marriage not been dissolved.
18        (3) The financial resources of the child.
19        (4) The child's academic performance.
20    (k) The establishment of an obligation to pay under this
21Section is retroactive only to the date of filing a petition.
22The right to enforce or prior obligation to pay may be enforced
23either before or after the obligation is incurred.
24(Source: P.A. 95-954, eff. 8-29-08.)
 
25    (750 ILCS 5/513.5 new)

 

 

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1    Sec. 513.5. Support for a non-minor child with a
2disability.
3    (a) The court may award sums of money out of the property
4and income of either or both parties or the estate of a
5deceased parent, as equity may require, for the support of a
6child of the parties who has attained majority when the child
7is mentally or physically disabled and not otherwise
8emancipated. The sums awarded may be paid to one of the
9parents, to a trust created by the parties for the benefit of
10the non-minor child with a disability, or irrevocably to a
11special needs trust, established by the parties and for the
12sole benefit of the non-minor child with a disability, pursuant
13to subdivisions (d)(4)(A) or (d)(4)(C) of 42 U.S.C. 1396p,
14Section 15.1 of the Trusts and Trustees Act, and applicable
15provisions of the Social Security Administration Program
16Operating Manual System. An application for support for a
17non-minor disabled child may be made before or after the child
18has attained majority. Unless an application for educational
19expenses is made for a mentally or physically disabled child
20under Section 513, the disability that is the basis for the
21application for support must have arisen while the child was
22eligible for support under Section 505 or 513 of this Act.
23    (b) In making awards under this Section, or pursuant to a
24petition or motion to decrease, modify, or terminate any such
25award, the court shall consider all relevant factors that
26appear reasonable and necessary, including:

 

 

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1        (1) the present and future financial resources of both
2    parties to meet their needs, including, but not limited to,
3    savings for retirement;
4        (2) the standard of living the child would have enjoyed
5    had the marriage not been dissolved. The court may consider
6    factors that are just and equitable;
7        (3) the financial resources of the child; and
8        (4) any financial or other resource provided to or for
9    the child including, but not limited to, any Supplemental
10    Security Income, any home-based support provided pursuant
11    to the Home-Based Support Services Law for Mentally
12    Disabled Adults, and any other State, federal, or local
13    benefit available to the non-minor disabled child.
14    (c) As used in this Section:
15    A "disabled" individual means an individual who has a
16physical or mental impairment that substantially limits a major
17life activity, has a record of such an impairment, or is
18regarded as having such an impairment.
19    "Disability" means a mental or physical impairment that
20substantially limits a major life activity.
 
21    (750 ILCS 5/Pt. VI heading)
22
PART VI
23
ALLOCATION OF PARENTAL RESPONSIBILITIES CUSTODY

 
24    (750 ILCS 5/600 new)

 

 

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1    Sec. 600. Definitions. For purposes of this Part VI:
2    (a) "Abuse" has the meaning ascribed to that term in
3Section 103 of the Illinois Domestic Violence Act of 1986.
4    (b) "Allocation judgment" means a judgment allocating
5parental responsibilities.
6    (c) "Caretaking functions" means tasks that involve
7interaction with a child or that direct, arrange, and supervise
8the interaction with and care of a child provided by others, or
9for obtaining the resources allowing for the provision of these
10functions. The term includes, but is not limited to, the
11following:
12        (1) satisfying a child's nutritional needs; managing a
13    child's bedtime and wake-up routines; caring for a child
14    when the child is sick or injured; being attentive to a
15    child's personal hygiene needs, including washing,
16    grooming, and dressing; playing with a child and ensuring
17    the child attends scheduled extracurricular activities;
18    protecting a child's physical safety; and providing
19    transportation for a child;
20        (2) directing a child's various developmental needs,
21    including the acquisition of motor and language skills,
22    toilet training, self-confidence, and maturation;
23        (3) providing discipline, giving instruction in
24    manners, assigning and supervising chores, and performing
25    other tasks that attend to a child's needs for behavioral
26    control and self-restraint;

 

 

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1        (4) ensuring the child attends school, including
2    remedial and special services appropriate to the child's
3    needs and interests, communicating with teachers and
4    counselors, and supervising homework;
5        (5) helping a child develop and maintain appropriate
6    interpersonal relationships with peers, siblings, and
7    other family members;
8        (6) ensuring the child attends medical appointments
9    and is available for medical follow-up and meeting the
10    medical needs of the child in the home;
11        (7) providing moral and ethical guidance for a child;
12    and
13        (8) arranging alternative care for a child by a family
14    member, babysitter, or other child care provider or
15    facility, including investigating such alternatives,
16    communicating with providers, and supervising such care.
17    (d) "Parental responsibilities" means both parenting time
18and significant decision-making responsibilities with respect
19to a child.
20    (e) "Parenting time" means the time during which a parent
21is responsible for exercising caretaking functions and
22non-significant decision-making responsibilities with respect
23to the child.
24    (f) "Parenting plan" means a written agreement that
25allocates significant decision-making responsibilities,
26parenting time, or both.

 

 

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1    (g) "Relocation" means:
2        (1) a change of residence from the child's current
3    primary residence located in the county of Cook, DuPage,
4    Kane, Lake, McHenry, or Will to a new residence within this
5    State that is more than 25 miles from the child's current
6    residence;
7        (2) a change of residence from the child's current
8    primary residence located in a county not listed in
9    paragraph (1) to a new residence within this State that is
10    more than 50 miles from the child's current primary
11    residence; or
12        (3) a change of residence from the child's current
13    primary residence to a residence outside the borders of
14    this State that is more than 25 miles from the current
15    primary residence.
16    (h) "Religious upbringing" means the choice of religion or
17denomination of a religion, religious schooling, religious
18training, or participation in religious customs or practices.
19    (i) "Restriction of parenting time" means any limitation or
20condition placed on parenting time, including supervision.
21    (j) "Right of first refusal" has the meaning provided in
22subsection (b) of Section 602.3 of this Act.
23    (k) "Significant decision-making" means deciding issues of
24long-term importance in the life of a child.
25    (l) "Step-parent" means a person married to a child's
26parent, including a person married to the child's parent

 

 

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1immediately prior to the parent's death.
2    (m) "Supervision" means the presence of a third party
3during a parent's exercise of parenting time.
 
4    (750 ILCS 5/601.2 new)
5    Sec. 601.2. Jurisdiction; commencement of proceeding.
6    (a) A court of this State that is competent to allocate
7parental responsibilities has jurisdiction to make such an
8allocation in original or modification proceedings as provided
9in Section 201 of the Uniform Child-Custody Jurisdiction and
10Enforcement Act as adopted by this State.
11    (b) A proceeding for allocation of parental
12responsibilities with respect to a child is commenced in the
13court:
14        (1) by filing a petition for dissolution of marriage or
15    legal separation or declaration of invalidity of marriage;
16        (2) by filing a petition for allocation of parental
17    responsibilities with respect to the child in the county in
18    which the child resides;
19        (3) by a person other than a parent, by filing a
20    petition for allocation of parental responsibilities in
21    the county in which the child is permanently resident or
22    found, but only if he or she is not in the physical custody
23    of one of his or her parents;
24        (4) by a step-parent, by filing a petition, if all of
25    the following circumstances are met:

 

 

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1            (A) the parent having the majority of parenting
2        time is deceased or is disabled and cannot perform the
3        duties of a parent to the child;
4            (B) the step-parent provided for the care,
5        control, and welfare of the child prior to the
6        initiation of proceedings for allocation of parental
7        responsibilities;
8            (C) the child wishes to live with the step-parent;
9        and
10            (D) it is alleged to be in the best interests and
11        welfare of the child to live with the step-parent as
12        provided in Section 602.5 of this Act; or
13        (5) when one of the parents is deceased, by a
14    grandparent who is a parent or step-parent of a deceased
15    parent, by filing a petition, if one or more of the
16    following existed at the time of the parent's death:
17            (A) the surviving parent had been absent from the
18        marital abode for more than one month without the
19        spouse knowing his or her whereabouts;
20            (B) the surviving parent was in State or federal
21        custody; or
22            (C) the surviving parent had: (i) received
23        supervision for or been convicted of any violation of
24        Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
25        11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,
26        19-6, or Article 12 of the Criminal Code of 1961 or the

 

 

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1        Criminal Code of 2012 directed towards the deceased
2        parent or the child; or (ii) received supervision or
3        been convicted of violating an order of protection
4        entered under Section 217, 218, or 219 of the Illinois
5        Domestic Violence Act of 1986 for the protection of the
6        deceased parent or the child.
7    (c) When a proceeding for allocation of parental
8responsibilities is commenced, the party commencing the action
9must, at least 30 days before any hearing on the petition,
10serve a written notice and a copy of the petition on the
11child's parent, guardian, person currently allocated parental
12responsibilities pursuant to subdivision (b)(4) or (b)(5) of
13Section 601.2, and any person with a pending motion for
14allocation of parental responsibilities with respect to the
15child. Nothing in this Section shall preclude a party in a
16proceeding for allocation of parental responsibilities from
17moving for a temporary order under Section 603.5.
 
18    (750 ILCS 5/602.3)
19    Sec. 602.3. Care of minor children; right of first refusal.
20    (a) If the court awards joint parenting time to both
21parents custody under Section 602.1 or visitation rights under
22Section 607 602.7 or 602.8, the court may consider, consistent
23with the best interests interest of the child as defined in
24Section 602.7 Section 602, whether to award to one or both of
25the parties the right of first refusal to provide child care

 

 

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1for the minor child or children during the other parent's
2normal parenting time, unless the need for child care is
3attributable to an emergency.
4    (b) As used in this Section, "right of first refusal" means
5that if a party intends to leave the minor child or children
6with a substitute child-care provider for a significant period
7of time, that party must first offer the other party an
8opportunity to personally care for the minor child or children.
9The parties may agree to a right of first refusal that is
10consistent with the best interests interest of the minor child
11or children. If there is no agreement and the court determines
12that a right of first refusal is in the best interests interest
13of the minor child or children, the court shall consider and
14make provisions in its order for:
15        (1) the length and kind of child-care requirements
16    invoking the right of first refusal;
17        (2) notification to the other parent and for his or her
18    response;
19        (3) transportation requirements; and
20        (4) any other action necessary to protect and promote
21    the best interest of the minor child or children.
22    (c) The right of first refusal may be enforced under
23Section 607.5 607.1 of this Act.
24    (d) The right of first refusal is terminated upon the
25termination of the allocation of parental responsibilities or
26parenting time custody or visitation rights.

 

 

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1(Source: P.A. 98-462, eff. 1-1-14.)
 
2    (750 ILCS 5/602.5 new)
3    Sec. 602.5. Allocation of parental responsibilities:
4decision-making.
5    (a) Generally. The court shall allocate decision-making
6responsibilities according to the child's best interests.
7Nothing in this Act requires that each parent be allocated
8decision-making responsibilities.
9    (b) Allocation of significant decision-making
10responsibilities. Unless the parents otherwise agree in
11writing on an allocation of significant decision-making
12responsibilities, the court shall make the determination. The
13court shall allocate to one or both of the parents the
14significant decision-making responsibility for each
15significant issue affecting the child. Those significant
16issues shall include, without limitation, the following:
17        (1) Education, including the choice of schools and
18    tutors.
19        (2) Health, including all decisions relating to the
20    medical, dental, and psychological needs of the child and
21    to the treatments arising or resulting from those needs.
22        (3) Religion, subject to the following provisions:
23            (A) The court shall allocate decision-making
24        responsibility for the child's religious upbringing in
25        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 decision-making
5        responsibilities consistent with demonstrated past
6        conduct in the absence of an express or implied
7        agreement between the 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 the child, taking into account the
22    child's maturity and ability to express reasoned and
23    independent preferences as to decision-making;
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;
12        (9) the distance between the parents' residences, the
13    cost and difficulty of transporting the child, each
14    parent's and the child's daily schedules, and the ability
15    of the parents to cooperate in the arrangement;
16        (10) whether a restriction on decision-making is
17    appropriate under Section 603.10;
18        (11) the willingness and ability of each parent to
19    facilitate and encourage a close and continuing
20    relationship between the other parent and the child;
21        (12) the physical violence or threat of physical
22    violence by the child's parent directed against the child;
23        (13) the occurrence of abuse against the child or other
24    member of the child's household;
25        (14) whether one of the parents is a sex offender, and
26    if so, the exact nature of the offense and what, if any,

 

 

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1    treatment in which the parent has successfully
2    participated; and
3        (15) any other factor that the court expressly finds to
4    be relevant.
5    (d) A parent shall have sole responsibility for making
6routine decisions with respect to the child and for emergency
7decisions affecting the child's health and safety during that
8parent's parenting time.
9    (e) In allocating significant decision-making
10responsibilities, the court shall not consider conduct of a
11parent that does not affect that parent's relationship to the
12child.
 
13    (750 ILCS 5/602.7 new)
14    Sec. 602.7. Allocation of parental responsibilities:
15parenting time.
16    (a) Best interests. The court shall allocate parenting time
17according to the child's best interests.
18    (b) Allocation of parenting time. Unless the parents
19present a mutually agreed written parenting plan and that plan
20is approved by the court, the court shall allocate parenting
21time. It is presumed both parents are fit and the court shall
22not place any restrictions on parenting time as defined in
23Section 600 and described in Section 603.10, unless it finds by
24a preponderance of the evidence that a parent's exercise of
25parenting time would seriously endanger the child's physical,

 

 

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1mental, moral, or emotional health.
2    In determining the child's best interests for purposes of
3allocating parenting time, the court shall consider all
4relevant factors, including, without limitation, the
5following:
6        (1) the wishes of each parent seeking parenting time;
7        (2) the wishes of the child, taking into account the
8    child's maturity and ability to express reasoned and
9    independent preferences as to parenting time;
10        (3) the amount of time each parent spent performing
11    caretaking functions with respect to the child in the 24
12    months preceding the filing of any petition for allocation
13    of parental responsibilities or, if the child is under 2
14    years of age, since the child's birth;
15        (4) any prior agreement or course of conduct between
16    the parents relating to caretaking functions with respect
17    to the child;
18        (5) the interaction and interrelationship of the child
19    with his or her parents and siblings and with any other
20    person who may significantly affect the child's best
21    interests;
22        (6) the child's adjustment to his or her home, school,
23    and community;
24        (7) the mental and physical health of all individuals
25    involved;
26        (8) the child's needs;

 

 

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1        (9) the distance between the parents' residences, the
2    cost and difficulty of transporting the child, each
3    parent's and the child's daily schedules, and the ability
4    of the parents to cooperate in the arrangement;
5        (10) whether a restriction on parenting time is
6    appropriate;
7        (11) the physical violence or threat of physical
8    violence by the child's parent directed against the child
9    or other member of the child's household;
10        (12) the willingness and ability of each parent to
11    place the needs of the child ahead of his or her own needs;
12        (13) the willingness and ability of each parent to
13    facilitate and encourage a close and continuing
14    relationship between the other parent and the child;
15        (14) the occurrence of abuse against the child or other
16    member of the child's household;
17        (15) whether one of the parents is a convicted sex
18    offender or lives with a convicted sex offender and, if so,
19    the exact nature of the offense and what if any treatment
20    the offender has successfully participated in; the parties
21    are entitled to a hearing on the issues raised in this
22    paragraph (15);
23        (16) the terms of a parent's military family-care plan
24    that a parent must complete before deployment if a parent
25    is a member of the United States Armed Forces who is being
26    deployed; and

 

 

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1        (17) 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 who is not allocated parenting time is not
7entitled to access to the child's school or health care records
8unless a court finds that it is in the child's best interests
9to provide those records to the parent.
10    (e) Upon motion, the court may allow a parent who is
11deployed or who has orders to be deployed as a member of the
12United States Armed Forces to designate a person known to the
13child to exercise reasonable substitute visitation on behalf of
14the deployed parent, if the court determines that substitute
15visitation is in the best interests of the child. In
16determining whether substitute visitation is in the best
17interests of the child, the court shall consider all of the
18relevant factors listed in subsection (b) of this Section and
19apply those factors to the person designated as a substitute
20for the deployed parent for visitation purposes. Visitation
21orders entered under this subsection are subject to subsections
22(e) and (f) of Section 602.9 and subsections (c) and (d) of
23Section 603.10.
24    (f) If the street address of a parent is not identified
25pursuant to Section 708 of this Act, the court shall require
26the parties to identify reasonable alternative arrangements

 

 

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1for parenting time by the other parent including, but not
2limited to, parenting time of the minor child at the residence
3of another person or at a local public or private facility.
 
4    (750 ILCS 5/602.8 new)
5    Sec. 602.8. Parenting time by parents not allocated
6significant decision-making responsibilities.
7    (a) A parent who has established parentage under the laws
8of this State and who is not granted significant
9decision-making responsibilities for a child is entitled to
10reasonable parenting time with the child, subject to
11subsections (d) and (e) of Section 603.10 of this Act, unless
12the court finds, after a hearing, that the parenting time would
13seriously endanger the child's mental, moral, or physical
14health or significantly impair the child's emotional
15development. The order setting forth parenting time shall be in
16the child's best interests pursuant to the factors set forth in
17subsection (b) of Section 602.7 of this Section.
18    (b) The court may modify an order granting or denying
19parenting time pursuant to Section 610.5 of this Act. The court
20may restrict parenting time, and modify an order restricting
21parenting time, pursuant to Section 603.10 of this Act.
22    (c) If the street address of the parent allocated parental
23responsibilities is not identified, pursuant to Section 708 of
24this Act, the court shall require the parties to identify
25reasonable alternative arrangements for parenting time by a

 

 

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1parent not allocated parental responsibilities, including but
2not limited to parenting time of the minor child at the
3residence of another person or at a local public or private
4facility.
 
5    (750 ILCS 5/602.9 new)
6    Sec. 602.9. Visitation by certain non-parents.
7    (a) As used in this Section:
8        (1) "electronic communication" means time that a
9    grandparent, great-grandparent, sibling, or step-parent
10    spends with a child during which the child is not in the
11    person's actual physical custody, but which is facilitated
12    by the use of communication tools such as the telephone,
13    electronic mail, instant messaging, video conferencing or
14    other wired or wireless technologies via the Internet, or
15    another medium of communication;
16        (2) "sibling" means a brother or sister either of the
17    whole blood or the half blood, stepbrother, or stepsister
18    of the minor child;
19        (3) "step-parent" means a person married to a child's
20    parent, including a person married to the child's parent
21    immediately prior to the parent's death; and
22        (4) "visitation" means in-person time spent between a
23    child and the child's grandparent, great-grandparent,
24    sibling, step-parent, or any person designated under
25    subsection (e) of Section 602.7. In appropriate

 

 

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1    circumstances, visitation may include electronic
2    communication under conditions and at times determined by
3    the court.
4    (b) General provisions.
5        (1) An appropriate person, as identified in subsection
6    (c) of this Section, may bring an action in circuit court
7    by petition, or by filing a petition in a pending
8    dissolution proceeding or any other proceeding that
9    involves parental responsibilities or visitation issues
10    regarding the child, requesting visitation with the child
11    pursuant to this Section. If there is not a pending
12    proceeding involving parental responsibilities or
13    visitation with the child, the petition for visitation with
14    the child must be filed in the county in which the child
15    resides. Notice of the petition shall be given as provided
16    in subsection (c) of Section 601.2 of this Act.
17        (2) This Section does not apply to a child:
18            (A) in whose interests a petition is pending under
19        Section 2-13 of the Juvenile Court Act of 1987; or
20            (B) in whose interests a petition to adopt by an
21        unrelated person is pending under the Adoption Act; or
22            (C) who has been voluntarily surrendered by the
23        parent or parents, except for a surrender to the
24        Department of Children and Family Services or a foster
25        care facility; or
26            (D) who has been previously adopted by an

 

 

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1        individual or individuals who are not related to the
2        biological parents of the child or who is the subject
3        of a pending adoption petition by an individual or
4        individuals who are not related to the biological
5        parents of the child; or
6            (E) who has been relinquished pursuant to the
7        Abandoned Newborn Infant Protection Act.
8        (3) A petition for visitation may be filed under this
9    Section only if there has been an unreasonable denial of
10    visitation by a parent and the denial has caused the child
11    undue mental, physical, or emotional harm.
12        (4) There is a rebuttable presumption that a fit
13    parent's actions and decisions regarding grandparent,
14    great-grandparent, sibling, or step-parent visitation are
15    not harmful to the child's mental, physical, or emotional
16    health. The burden is on the party filing a petition under
17    this Section to prove that the parent's actions and
18    decisions regarding visitation will cause undue harm to the
19    child's mental, physical, or emotional health.
20        (5) In determining whether to grant visitation, the
21    court shall consider the following:
22            (A) the wishes of the child, taking into account
23        the child's maturity and ability to express reasoned
24        and independent preferences as to visitation;
25            (B) the mental and physical health of the child;
26            (C) the mental and physical health of the

 

 

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1        grandparent, great-grandparent, sibling, or
2        step-parent;
3            (D) the length and quality of the prior
4        relationship between the child and the grandparent,
5        great-grandparent, sibling, or step-parent;
6            (E) the good faith of the party in filing the
7        petition;
8            (F) the good faith of the person denying
9        visitation;
10            (G) the quantity of the visitation time requested
11        and the potential adverse impact that visitation would
12        have on the child's customary activities;
13            (H) any other fact that establishes that the loss
14        of the relationship between the petitioner and the
15        child is likely to unduly harm the child's mental,
16        physical, or emotional health; and
17            (I) whether visitation can be structured in way to
18        minimize the child's exposure to conflicts between the
19        adults.
20        (6) Any visitation rights granted under this Section
21    before the filing of a petition for adoption of the child
22    shall automatically terminate by operation of law upon the
23    entry of an order terminating parental rights or granting
24    the adoption of the child, whichever is earlier. If the
25    person or persons who adopted the child are related to the
26    child, as defined by Section 1 of the Adoption Act, any

 

 

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1    person who was related to the child as grandparent,
2    great-grandparent, or sibling prior to the adoption shall
3    have standing to bring an action under this Section
4    requesting visitation with the child.
5        (7) The court may order visitation rights for the
6    grandparent, great-grandparent, sibling, or step-parent
7    that include reasonable access without requiring overnight
8    or possessory visitation.
9    (c) Visitation by grandparents, great-grandparents,
10step-parents, and siblings.
11        (1) Grandparents, great-grandparents, step-parents,
12    and siblings of a minor child who is one year old or older
13    may bring a petition for visitation and electronic
14    communication under this Section if there is an
15    unreasonable denial of visitation by a parent that causes
16    undue mental, physical, or emotional harm to the child and
17    if at least one of the following conditions exists:
18            (A) the child's other parent is deceased or has
19        been missing for at least 90 days. For the purposes of
20        this subsection a parent is considered to be missing if
21        the parent's location has not been determined and the
22        parent has been reported as missing to a law
23        enforcement agency; or
24            (B) a parent of the child is incompetent as a
25        matter of law; or
26            (C) a parent has been incarcerated in jail or

 

 

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1        prison for a period in excess of 90 days immediately
2        prior to the filing of the petition; or
3            (D) the child's parents have been granted a
4        dissolution of marriage or have been legally separated
5        from each other or there is pending a dissolution
6        proceeding involving a parent of the child or another
7        court proceeding involving parental responsibilities
8        or visitation of the child (other than an adoption
9        proceeding of an unrelated child, a proceeding under
10        Article II of the Juvenile Court Act of 1987, or an
11        action for an order of protection under the Illinois
12        Domestic Violence Act of 1986 or Article 112A of the
13        Code of Criminal Procedure of 1963) and at least one
14        parent does not object to the grandparent,
15        great-grandparent, step-parent, or sibling having
16        visitation with the child. The visitation of the
17        grandparent, great-grandparent, step-parent, or
18        sibling must not diminish the parenting time of the
19        parent who is not related to the grandparent,
20        great-grandparent, step-parent, or sibling seeking
21        visitation; or
22            (E) the child is born to parents who are not
23        married to each other, the parents are not living
24        together, and the petitioner is a grandparent,
25        great-grandparent, step-parent, or sibling of the
26        child, and parentage has been established by a court of

 

 

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1        competent jurisdiction.
2        (2) In addition to the factors set forth in subdivision
3    (b)(5) of this Section, the court should consider:
4            (A) whether the child resided with the petitioner
5        for at least 6 consecutive months with or without a
6        parent present;
7            (B) whether the child had frequent and regular
8        contact or visitation with the petitioner for at least
9        12 consecutive months; and
10            (C) whether the grandparent, great-grandparent,
11        sibling, or step-parent was a primary caretaker of the
12        child for a period of not less than 6 consecutive
13        months within the 24-month period immediately
14        preceding the commencement of the proceeding.
15        (3) An order granting visitation privileges under this
16    Section is subject to subsections (c) and (d) of Section
17    603.10.
18        (4) A petition for visitation privileges may not be
19    filed pursuant to this subsection (c) by the parents or
20    grandparents of a parent of the child if parentage between
21    the child and the related parent has not been legally
22    established.
23    (d) Modification of visitation orders.
24        (1) Unless by stipulation of the parties, no motion to
25    modify a grandparent, great-grandparent, sibling, or
26    step-parent visitation order may be made earlier than 2

 

 

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1    years after the date the order was filed, unless the court
2    permits it to be made on the basis of affidavits that there
3    is reason to believe the child's present environment may
4    endanger seriously the child's mental, physical, or
5    emotional health.
6        (2) The court shall not modify an order that grants
7    visitation to a grandparent, great-grandparent, sibling,
8    or step-parent unless it finds by clear and convincing
9    evidence, upon the basis of facts that have arisen since
10    the prior visitation order or that were unknown to the
11    court at the time of entry of the prior visitation order,
12    that a change has occurred in the circumstances of the
13    child or his or her parent, and that the modification is
14    necessary to protect the mental, physical, or emotional
15    health of the child. The court shall state in its decision
16    specific findings of fact in support of its modification or
17    termination of the grandparent, great-grandparent,
18    sibling, or step-parent visitation. A child's parent may
19    always petition to modify visitation upon changed
20    circumstances when necessary to promote the child's best
21    interests.
22        (3) Notice of a motion requesting modification of a
23    visitation order shall be provided as set forth in
24    subsection (c) of Section 601.2 of this Act.
25        (4) Attorney's fees and costs shall be assessed against
26    a party seeking modification of the visitation order if the

 

 

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1    court finds that the modification action is vexatious and
2    constitutes harassment.
3    (e) No child's grandparent, great-grandparent, sibling, or
4step-parent, or any person to whom the court is considering
5granting visitation privileges pursuant to subsection (e) of
6Section 602.7, who was convicted of any offense involving an
7illegal sex act perpetrated upon a victim less than 18 years of
8age including, but not limited to, offenses for violations of
9Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
10or Article 12 of the Criminal Code of 1961 or the Criminal Code
11of 2012, is entitled to visitation while incarcerated or while
12on parole, probation, conditional discharge, periodic
13imprisonment, or mandatory supervised release for that
14offense, and upon discharge from incarceration for a
15misdemeanor offense or upon discharge from parole, probation,
16conditional discharge, periodic imprisonment, or mandatory
17supervised release for a felony offense. Visitation shall be
18denied until the person successfully completes a treatment
19program approved by the court. Upon completion of treatment,
20the court may deny visitation based on the factors listed in
21subdivision (b)(5) of Section 607 of this Act.
22    (f) No child's grandparent, great-grandparent, sibling, or
23step-parent, or any person to whom the court is considering
24granting visitation privileges pursuant to subsection (e) of
25Section 602.7, may be granted visitation if he or she has been
26convicted of first degree murder of a parent, grandparent,

 

 

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1great-grandparent, or sibling of the child who is the subject
2of the visitation request. Pursuant to a motion to modify
3visitation, the court shall revoke visitation rights
4previously granted to any person who would otherwise be
5entitled to petition for visitation rights under this Section
6or granted visitation under subsection (e) of Section 602.7, if
7the person has been convicted of first degree murder of a
8parent, grandparent, great-grandparent, or sibling of the
9child who is the subject of the visitation order. Until an
10order is entered pursuant to this subsection, no person may
11visit, with the child present, a person who has been convicted
12of first degree murder of the parent, grandparent,
13great-grandparent, or sibling of the child without the consent
14of the child's parent, other than a parent convicted of first
15degree murder as set forth herein, or legal guardian.
 
16    (750 ILCS 5/602.10 new)
17    Sec. 602.10. Parenting plan.
18    (a) Filing of parenting plan. All parents, within 120 days
19after service or filing of any petition for allocation of
20parental responsibilities, must file with the court, either
21jointly or separately, a proposed parenting plan. The time
22period for filing a parenting plan may be extended by the court
23for good cause shown.
24    (b) No parenting plan filed. In the absence of filing of
25one or more parenting plans, the court must conduct an

 

 

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1evidentiary hearing to allocate parental responsibilities.
2    (c) Mediation. The court shall order mediation to assist
3the parents in formulating or modifying a parenting plan or in
4implementing a parenting plan unless the court determines that
5impediments to mediation exist. Costs under this subsection
6shall be allocated between the parties pursuant to the
7applicable statute or Supreme Court Rule.
8    (d) Parents' agreement on parenting plan. The parenting
9plan must be in writing and signed by both parents. The parents
10must submit the parenting plan to the court for approval within
11120 days after service of a petition for allocation of parental
12responsibilities or the filing of an appearance, except for
13good cause shown. Notwithstanding the provisions above, the
14parents may agree upon and submit a parenting plan at any time
15after the commencement of a proceeding until prior to the entry
16of a judgment of dissolution of marriage. If the court does not
17approve the parenting plan, the court shall make express
18findings of the reason or reasons for its refusal to approve
19the plan. The court, on its own motion, may conduct an
20evidentiary hearing to determine whether the parenting plan is
21in the child's best interests.
22    (e) Parents cannot agree on parenting plan. When parents
23fail to submit an agreed parenting plan, each parent must file
24and submit a written, signed parenting plan to the court within
25120 days after the filing of an appearance, except for good
26cause shown. The court's determination of parenting time should

 

 

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1be based on the child's best interests. The filing of the plan
2may be excused by the court if:
3        (1) the parties have commenced mediation for the
4    purpose of formulating a parenting plan; or
5        (2) the parents have agreed in writing to extend the
6    time for filing a proposed plan and the court has approved
7    such an extension; or
8        (3) the court orders otherwise for good cause shown.
9    (f) Parenting plan contents. At a minimum, a parenting plan
10must set forth the following:
11        (1) an allocation of significant decision-making
12    responsibilities;
13        (2) provisions for the child's living arrangements and
14    for each parent's parenting time, including either:
15            (A) a schedule that designates in which parent's
16        home the minor child will reside on given days; or
17            (B) a formula or method for determining such a
18        schedule in sufficient detail to be enforced in a
19        subsequent proceeding;
20        (3) a mediation provision addressing any proposed
21    reallocation of parenting time or regarding the terms of
22    allocation of parental responsibilities, except that this
23    provision is not required if one parent is allocated all
24    significant decision-making responsibilities;
25        (4) each parent's right of access to medical, dental,
26    and psychological records (subject to the Mental Health and

 

 

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1    Developmental Disabilities Confidentiality Act), child
2    care records, and school and extracurricular records,
3    reports, and schedules, unless expressly denied by a court
4    order or denied under subsection (g) of Section 602.5;
5        (5) a designation of the parent who will be denominated
6    as the parent with the majority of parenting time for
7    purposes of Section 606.10;
8        (6) the child's residential address for school
9    enrollment purposes only;
10        (7) each parent's residence address and phone number,
11    and each parent's place of employment and employment
12    address and phone number;
13        (8) a requirement that a parent changing his or her
14    residence provide at least 60 days prior written notice of
15    the change to any other parent under the parenting plan or
16    allocation judgment, unless such notice is impracticable
17    or unless otherwise ordered by the court. If such notice is
18    impracticable, written notice shall be given at the
19    earliest date practicable. At a minimum, the notice shall
20    set forth the following:
21            (A) the intended date of the change of residence;
22        and
23            (B) the address of the new residence;
24        (9) provisions requiring each parent to notify the
25    other of emergencies, health care, travel plans, or other
26    significant child-related issues;

 

 

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1        (10) transportation arrangements between the parents;
2        (11) provisions for communications, including
3    electronic communications, with the child during the other
4    parent's parenting time;
5        (12) provisions for resolving issues arising from a
6    parent's future relocation, if applicable;
7        (13) provisions for future modifications of the
8    parenting plan, if specified events occur;
9        (14) provisions for the exercise of the right of first
10    refusal, if so desired, that are consistent with the best
11    interests of the minor child; provisions in the plan for
12    the exercise of the right of first refusal must include:
13            (i) the length and kind of child-care requirements
14        invoking the right of first refusal;
15            (ii) notification to the other parent and for his
16        or her response;
17            (iii) transportation requirements; and
18            (iv) any other provision related to the exercise of
19        the right of first refusal necessary to protect and
20        promote the best interests of the minor child; and
21        (15) any other provision that addresses the child's
22    best interests or that will otherwise facilitate
23    cooperation between the parents.
24    The personal information under items (6), (7), and (8) of
25this subsection is not required if there is evidence of or the
26parenting plan states that there is a history of domestic

 

 

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1violence or abuse, or it is shown that the release of the
2information is not in the child's or parent's best interests.
3    (g) The court shall conduct a trial or hearing to determine
4a plan which maximizes the child's relationship and access to
5both parents and shall ensure that the access and the overall
6plan are in the best interests of the child. The court shall
7take the parenting plans into consideration when determining
8parenting time and responsibilities at trial or hearing.
9    (h) The court may consider, consistent with the best
10interests of the child as defined in Section 602.7 of this Act,
11whether to award to one or both of the parties the right of
12first refusal in accordance with Section 602.3 of this Act.
 
13    (750 ILCS 5/603.5 new)
14    Sec. 603.5. Temporary orders.
15    (a) A court may order a temporary allocation of parental
16responsibilities in the child's best interests before the entry
17of a final allocation judgment. Any temporary allocation shall
18be made in accordance with the standards set forth in Sections
19602.5 and 602.7: (i) after a hearing; or (ii) if there is no
20objection, on the basis of a parenting plan that, at a minimum,
21complies with subsection (f) of Section 602.10.
22    (b) A temporary order allocating parental responsibilities
23shall be deemed vacated when the action in which it was granted
24is dismissed, unless a parent moves to continue the action for
25allocation of parental responsibilities filed under Section

 

 

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1601.5.
 
2    (750 ILCS 5/603.10 new)
3    Sec. 603.10. Restriction of parental responsibilities.
4    (a) After a hearing, if the court finds by a preponderance
5of the evidence that a parent engaged in any conduct that
6seriously endangered the child's mental, moral, or physical
7health or that significantly impaired the child's emotional
8development, the court shall enter orders as necessary to
9protect the child. Such orders may include, but are not limited
10to, orders for one or more of the following:
11        (1) a reduction, elimination, or other adjustment of
12    the parent's decision-making responsibilities or parenting
13    time, or both decision-making responsibilities and
14    parenting time;
15        (2) supervision, including ordering the Department of
16    Children and Family Services to exercise continuing
17    supervision under Section 5 of the Children and Family
18    Services Act;
19        (3) requiring the exchange of the child between the
20    parents through an intermediary or in a protected setting;
21        (4) restraining a parent's communication with or
22    proximity to the other parent or the child;
23        (5) requiring a parent to abstain from possessing or
24    consuming alcohol or non-prescribed drugs while exercising
25    parenting time with the child and within a specified period

 

 

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1    immediately preceding the exercise of parenting time;
2        (6) restricting the presence of specific persons while
3    a parent is exercising parenting time with the child;
4        (7) requiring a parent to post a bond to secure the
5    return of the child following the parent's exercise of
6    parenting time or to secure other performance required by
7    the court;
8        (8) requiring a parent to complete a treatment program
9    for perpetrators of abuse, for drug or alcohol abuse, or
10    for other behavior that is the basis for restricting
11    parental responsibilities under this Section; and
12        (9) any other constraints or conditions that the court
13    deems necessary to provide for the child's safety or
14    welfare.
15    (b) The court may modify an order restricting parental
16responsibilities if, after a hearing, the court finds by a
17preponderance of the evidence that a modification is in the
18child's best interests based on (i) a change of circumstances
19that occurred after the entry of an order restricting parental
20responsibilities; or (ii) conduct of which the court was
21previously unaware that seriously endangers the child. In
22determining whether to modify an order under this subsection,
23the court must consider factors that include, but need not be
24limited to, the following:
25        (1) abuse, neglect, or abandonment of the child;
26        (2) abusing or allowing abuse of another person that

 

 

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1    had an impact upon the child;
2        (3) use of drugs, alcohol, or any other substance in a
3    way that interferes with the parent's ability to perform
4    caretaking functions with respect to the child; and
5        (4) persistent continuing interference with the other
6    parent's access to the child, except for actions taken with
7    a reasonable, good-faith belief that they are necessary to
8    protect the child's safety pending adjudication of the
9    facts underlying that belief, provided that the
10    interfering parent initiates a proceeding to determine
11    those facts as soon as practicable.
12    (c) An order granting parenting time to a parent or
13visitation to another person may be revoked by the court if
14that parent or other person is found to have knowingly used his
15or her parenting time or visitation to facilitate contact
16between the child and a parent who has been barred from contact
17with the child or to have knowingly used his or her parenting
18time or visitation to facilitate contact with the child that
19violates any restrictions imposed on a parent's parenting time
20by a court of competent jurisdiction. Nothing in this
21subsection limits a court's authority to enforce its orders in
22any other manner authorized by law.
23    (d) If parenting time of a parent is restricted, an order
24granting visitation to a non-parent with a child or an order
25granting parenting time to the other parent shall contain the
26following language:

 

 

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1        "If a person granted parenting time or visitation under
2    this order uses that time to facilitate contact between the
3    child and a parent whose parenting time is restricted, or
4    if such a person violates any restrictions placed on
5    parenting time or visitation by the court, the parenting
6    time or visitation granted under this order shall be
7    revoked until further order of court."
8    (e) A parent who, after a hearing, is determined by the
9court to have been convicted of any offense involving an
10illegal sex act perpetrated upon a victim less than 18 years of
11age, including but not limited to an offense under Article 11
12of the Criminal Code of 2012, is not entitled to parenting time
13while incarcerated or while on parole, probation, conditional
14discharge, periodic imprisonment, or mandatory supervised
15release for a felony offense, until the parent complies with
16such terms and conditions as the court determines are in the
17child's best interests, taking into account the exact nature of
18the offense and what, if any, treatment in which the parent
19successfully participated.
20    (f) A parent may not, while the child is present, visit any
21person granted visitation or parenting time who has been
22convicted of first degree murder, unless the court finds, after
23considering all relevant factors, including those set forth in
24subsection (b) of Section 602.7, that it would be in the
25child's best interests to allow the child to be present during
26such a visit.
 

 

 

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1    (750 ILCS 5/604.10 new)
2    Sec. 604.10. Interviews; evaluations; investigation.
3    (a) Court's interview of child. The court may interview the
4child in chambers to ascertain the child's wishes as to the
5allocation of parental responsibilities. Counsel shall be
6present at the interview unless otherwise agreed upon by the
7parties. The entire interview shall be recorded by a court
8reporter. The transcript of the interview shall be filed under
9seal and released only upon order of the court. The cost of the
10court reporter and transcript shall be paid by the court.
11    (b) Court's professional. The court may seek the advice of
12any professional, whether or not regularly employed by the
13court, to assist the court in determining the child's best
14interests. The advice to the court shall be in writing and sent
15by the professional to counsel for the parties and to the
16court, under seal. The writing may be admitted into evidence
17without testimony from its author, unless a party objects. A
18professional consulted by the court shall testify as the
19court's witness and be subject to cross-examination. The court
20shall order all costs and fees of the professional to be paid
21by one or more of the parties, subject to reallocation in
22accordance with subsection (a) of Section 508.
23    The professional's report must, at a minimum, set forth the
24following:
25        (1) a description of the procedures employed during the

 

 

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1    evaluation;
2        (2) a report of the data collected;
3        (3) all test results;
4        (4) any conclusions of the professional relating to the
5    allocation of parental responsibilities under Sections
6    602.5 and 602.7;
7        (5) any recommendations of the professional concerning
8    the allocation of parental responsibilities or the child's
9    relocation; and
10        (6) an explanation of any limitations in the evaluation
11    or any reservations of the professional regarding the
12    resulting recommendations.
13    The professional shall send his or her report to all
14attorneys of record, and to any party not represented, at least
1560 days before the hearing on the allocation of parental
16responsibilities. The court shall examine and consider the
17professional's report only after it has been admitted into
18evidence or after the parties have waived their right to
19cross-examine the professional.
20    (c) Evaluation by a party's retained professional. In a
21proceeding to allocate parental responsibilities or to
22relocate a child, upon notice and motion made by a parent or
23any party to the litigation within a reasonable time before
24trial, the court shall order an evaluation to assist the court
25in determining the child's best interests unless the court
26finds that an evaluation under this Section is untimely or not

 

 

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1in the best interests of the child. The evaluation may be in
2place of or in addition to any advice given to the court by a
3professional under subsection (b). A motion for an evaluation
4under this subsection must, at a minimum, identify the proposed
5evaluator and the evaluator's specialty or discipline. An order
6for an evaluation under this subsection must set forth the
7evaluator's name, address, and telephone number and the time,
8place, conditions, and scope of the evaluation. No person shall
9be required to travel an unreasonable distance for the
10evaluation. The party requesting the evaluation shall pay the
11evaluator's fees and costs unless otherwise ordered by the
12court.
13    The evaluator's report must, at a minimum, set forth the
14following:
15        (1) a description of the procedures employed during the
16    evaluation;
17        (2) a report of the data collected;
18        (3) all test results;
19        (4) any conclusions of the evaluator relating to the
20    allocation of parental responsibilities under Sections
21    602.5 and 602.7;
22        (5) any recommendations of the evaluator concerning
23    the allocation of parental responsibilities or the child's
24    relocation; and
25        (6) an explanation of any limitations in the evaluation
26    or any reservations of the evaluator regarding the

 

 

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1    resulting recommendations.
2    A party who retains a professional to conduct an evaluation
3under this subsection shall cause the evaluator's written
4report to be sent to the attorneys of record no less than 60
5days before the hearing on the allocation of parental
6responsibilities, unless otherwise ordered by the court; if a
7party fails to comply with this provision, the court may not
8admit the evaluator's report into evidence and may not allow
9the evaluator to testify.
10    The party calling an evaluator to testify at trial shall
11disclose the evaluator as a controlled expert witness in
12accordance with the Supreme Court Rules.
13    Any party to the litigation may call the evaluator as a
14witness. That party shall pay the evaluator's fees and costs
15for testifying, unless otherwise ordered by the court.
16    (d) Investigation. Upon notice and a motion by a parent or
17any party to the litigation, or upon the court's own motion,
18the court may order an investigation and report to assist the
19court in allocating parental responsibilities. The
20investigation may be made by any agency, private entity, or
21individual deemed appropriate by the court. The agency, private
22entity, or individual appointed by the court must have
23expertise in the area of allocation of parental
24responsibilities. The court shall specify the purpose and scope
25of the investigation.
26    The investigator's report must, at a minimum, set forth the

 

 

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1following:
2        (1) a description of the procedures employed during the
3    investigation;
4        (2) a report of the data collected;
5        (3) all test results;
6        (4) any conclusions of the investigator relating to the
7    allocation of parental responsibilities under Sections
8    602.5 and 602.7;
9        (5) any recommendations of the investigator concerning
10    the allocation of parental responsibilities or the child's
11    relocation; and
12        (6) an explanation of any limitations in the
13    investigation or any reservations of the investigator
14    regarding the resulting recommendations.
15    The investigator shall send his or her report to all
16attorneys of record, and to any party not represented, at least
1760 days before the hearing on the allocation of parental
18responsibilities. The court shall examine and consider the
19investigator's report only after it has been admitted into
20evidence or after the parties have waived their right to
21cross-examine the investigator.
22    The investigator shall make available to all attorneys of
23record, and to any party not represented, the investigator's
24file, and the names and addresses of all persons whom the
25investigator has consulted, except that if such disclosure
26would risk abuse to the party or any member of the party's

 

 

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1immediate family or household or reveal the confidential
2address of a shelter for domestic violence victims, that
3address may be omitted from the report. Any party to the
4proceeding may call the investigator, or any person consulted
5by the investigator as a court's witness, for
6cross-examination. No fees shall be paid for any investigation
7by a governmental agency. The fees incurred by any other
8investigator shall be allocated in accordance with Section 508.
 
9    (750 ILCS 5/606.5 new)
10    Sec. 606.5. Hearings.
11    (a) Proceedings to allocate parental responsibilities
12shall receive priority in being set for hearing.
13    (b) The court, without a jury, shall determine questions of
14law and fact.
15    (c) Previous statements made by the child relating to any
16allegations that the child is an abused or neglected child
17within the meaning of the Abused and Neglected Child Reporting
18Act, or an abused or neglected minor within the meaning of the
19Juvenile Court Act of 1987, shall be admissible in evidence in
20a hearing concerning allocation of parental responsibilities
21in accordance with Section 11.1 of the Abused and Neglected
22Child Reporting Act. No such statement, however, if
23uncorroborated and not subject to cross examination, shall be
24sufficient in itself to support a finding of abuse or neglect.
25    (d) If the court finds that a public hearing may be

 

 

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1detrimental to the child's best interests, the court shall
2exclude the public from the hearing, but the court may admit
3any person having:
4        (1) a direct and legitimate interest in the case; or
5        (2) a legitimate educational or research interest in
6    the work of the court, but only with the permission of both
7    parties and subject to court approval.
8    (e) The court may make an appropriate order sealing the
9records of any interview, report, investigation, or testimony.
 
10    (750 ILCS 5/606.10 new)
11    Sec. 606.10. Designation of custodian for purposes of other
12statutes. Solely for the purposes of all State and federal
13statutes that require a designation or determination of custody
14or a custodian, a parenting plan shall designate the parent who
15is allocated the majority of parenting time. This designation
16shall not affect parents' rights and responsibilities under the
17parenting plan. For purposes of Section 10-20.12b of the School
18Code only, the parent with the majority of parenting time is
19considered to have legal custody.
 
20    (750 ILCS 5/607.5 new)
21    Sec. 607.5. Abuse of allocated parenting time.
22    (a) The court shall provide an expedited procedure for the
23enforcement of allocated parenting time.
24    (b) An action for the enforcement of allocated parenting

 

 

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

 

 

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

 

 

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1    time;
2        (8) a requirement that the non-complying parent
3    reimburse the other parent for all reasonable expenses
4    incurred as a result of the violation of the parenting plan
5    or court order; and
6        (9) any other provision that may promote the child's
7    best interests.
8    (d) In addition to any other order entered under subsection
9(c), except for good cause shown, the court shall order a
10parent who has failed to provide allocated parenting time or to
11exercise allocated parenting time to pay the aggrieved party
12his or her reasonable attorney's fees, court costs, and
13expenses associated with an action brought under this Section.
14If the court finds that the respondent in an action brought
15under this Section has not violated the allocated parenting
16time, the court may order the petitioner to pay the
17respondent's reasonable attorney's fees, court costs, and
18expenses incurred in the action.
19    (e) Nothing in this Section precludes a party from
20maintaining any other action as provided by law.
21    (f) When the court issues an order holding a party in
22contempt for violation of a parenting time order and finds that
23the party engaged in parenting time abuse, the court may order
24one or more of the following:
25        (1) Suspension of a party's Illinois driving
26    privileges pursuant to Section 7-703 of the Illinois

 

 

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1    Vehicle Code until the court determines that the party is
2    in compliance with the parenting time order. The court may
3    also order that a party be issued a family financial
4    responsibility driving permit that would allow limited
5    driving privileges for employment, for medical purposes,
6    and to transport a child to or from scheduled parenting
7    time in order to comply with a parenting time order in
8    accordance with subsection (a-1) of Section 7-702.1 of the
9    Illinois Vehicle Code.
10        (2) Placement of a party on probation with such
11    conditions of probation as the court deems advisable.
12        (3) Sentencing of a party to periodic imprisonment for
13    a period not to exceed 6 months; provided, that the court
14    may permit the party to be released for periods of time
15    during the day or night to:
16            (A) work; or
17            (B) conduct a business or other self-employed
18        occupation.
19        (4) Find that a party in engaging in parenting time
20    abuse is guilty of a petty offense and should be fined an
21    amount of no more than $500 for each finding of parenting
22    time abuse.
23    (g) When the court issues an order holding a party in
24contempt of court for violation of a parenting order, the clerk
25shall transmit a copy of the contempt order to the sheriff of
26the county. The sheriff shall furnish a copy of each contempt

 

 

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1order to the Department of State Police on a daily basis in the
2form and manner required by the Department. The Department
3shall maintain a complete record and index of the contempt
4orders and make this data available to all local law
5enforcement agencies.
6    (h) Nothing contained in this Section shall be construed to
7limit the court's contempt power.
 
8    (750 ILCS 5/609.2 new)
9    Sec. 609.2. Parent's relocation.
10    (a) A parent's relocation constitutes a substantial change
11in circumstances for purposes of Section 610.5.
12    (b) A parent who has been allocated a majority of parenting
13time or either parent who has been allocated equal parenting
14time may seek to relocate with a child.
15    (c) A parent intending a relocation, as that term is
16defined in paragraph (1), (2), or (3) of subsection (g) of
17Section 600 of this Act, must provide written notice of the
18relocation to the other parent under the parenting plan or
19allocation judgment. A copy of the notice required under this
20Section shall be filed with the clerk of the circuit court. The
21court may waive or seal some or all of the information required
22in the notice if there is a history of domestic violence.
23    (d) The notice must provide at least 60 days' written
24notice before the relocation unless such notice is
25impracticable (in which case written notice shall be given at

 

 

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1the earliest date practicable) or unless otherwise ordered by
2the court. At a minimum, the notice must set forth the
3following:
4        (1) the intended date of the parent's relocation;
5        (2) the address of the parent's intended new residence,
6    if known; and
7        (3) the length of time the relocation will last, if the
8    relocation is not for an indefinite or permanent period.
9    The court may consider a parent's failure to comply with
10the notice requirements of this Section without good cause (i)
11as a factor in determining whether the parent's relocation is
12in good faith; and (ii) as a basis for awarding reasonable
13attorney's fees and costs resulting from the parent's failure
14to comply with these provisions.
15    (e) If the non-relocating parent signs the notice that was
16provided pursuant to subsection (c) and the relocating parent
17files the notice with the court, relocation shall be allowed
18without any further court action. The court shall modify the
19parenting plan or allocation judgment to accommodate a parent's
20relocation as agreed by the parents, as long as the agreed
21modification is in the child's best interests.
22    (f) If the non-relocating parent objects to the relocation,
23fails to sign the notice provided under subsection (c), or the
24parents cannot agree on modification of the parenting plan or
25allocation judgment, the parent seeking relocation must file a
26petition seeking permission to relocate.

 

 

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1    (g) The court shall modify the parenting plan or allocation
2judgment in accordance with the child's best interests. The
3court shall consider the following factors:
4        (1) the circumstances and reasons for the intended
5    relocation;
6        (2) the reasons, if any, why a parent is objecting to
7    the intended relocation;
8        (3) the history and quality of each parent's
9    relationship with the child and specifically whether a
10    parent has substantially failed or refused to exercise the
11    parental responsibilities allocated to him or her under the
12    parenting plan or allocation judgment;
13        (4) the educational opportunities for the child at the
14    existing location and at the proposed new location;
15        (5) the presence or absence of extended family at the
16    existing location and at the proposed new location;
17        (6) the anticipated impact of the relocation on the
18    child;
19        (7) whether the court will be able to fashion a
20    reasonable allocation of parental responsibilities between
21    all parents if the relocation occurs;
22        (8) the wishes of the child, taking into account the
23    child's maturity and ability to express reasoned and
24    independent preferences as to relocation;
25        (9) possible arrangements for the exercise of parental
26    responsibilities appropriate to the parents' resources and

 

 

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1    circumstances and the developmental level of the child;
2        (10) minimization of the impairment to a parent-child
3    relationship caused by a parent's relocation; and
4        (11) any other relevant factors bearing on the child's
5    best interests.
6    (h) If a parent moves with the child 25 miles or less from
7the child's current primary residence to a new primary
8residence outside Illinois, Illinois continues to be the home
9state of the child under subsection (c) of Section 202 of the
10Uniform Child-Custody Jurisdiction and Enforcement Act. Any
11subsequent move from the new primary residence outside Illinois
12greater than 25 miles from the child's original primary
13residence in Illinois must be in compliance with the provisions
14of this Section.
 
15    (750 ILCS 5/610.5 new)
16    Sec. 610.5. Modification.
17    (a) Unless by stipulation of the parties or except as
18provided in subsection (b) of this Section or Section 603.10 of
19this Act, no motion to modify an order allocating parental
20responsibilities may be made earlier than 2 years after its
21date, unless the court permits it to be made on the basis of
22affidavits that there is reason to believe the child's present
23environment may endanger seriously his or her mental, moral, or
24physical health or significantly impair the child's emotional
25development.

 

 

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1    (b) A motion to modify an order allocating parental
2responsibilities may be made at any time by a party who has
3been informed of the existence of facts requiring notice to be
4given under Section 609.5 of this Act.
5    (c) Except in a case concerning the modification of any
6restriction of parental responsibilities under Section 603.10,
7the court shall modify a parenting plan or allocation judgment
8when necessary to serve the child's best interests if the court
9finds, by a preponderance of the evidence, that on the basis of
10facts that have arisen since the entry of the existing
11parenting plan or allocation judgment or were not anticipated
12therein, a substantial change has occurred in the circumstances
13of the child or of either parent and that a modification is
14necessary to serve the child's best interests.
15    (d) The court shall modify a parenting plan or allocation
16judgment in accordance with a parental agreement, unless it
17finds that the modification is not in the child's best
18interests.
19    (e) The court may modify a parenting plan or allocation
20judgment without a showing of changed circumstances if (i) the
21modification is in the child's best interests; and (ii) any of
22the following are proven as to the modification:
23        (1) the modification reflects the actual arrangement
24    under which the child has been receiving care, without
25    parental objection, for the 6 months preceding the filing
26    of the petition for modification, provided that the

 

 

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1    arrangement is not the result of a parent's acquiescence
2    resulting from circumstances that negated the parent's
3    ability to give meaningful consent;
4        (2) the modification constitutes a minor modification
5    in the parenting plan or allocation judgment;
6        (3) the modification is necessary to modify an agreed
7    parenting plan or allocation judgment that the court would
8    not have ordered or approved under Section 602.5 or 602.7
9    had the court been aware of the circumstances at the time
10    of the order or approval; or
11        (4) the parties agree to the modification.
12    (f) Attorney's fees and costs shall be assessed against a
13party seeking modification if the court finds that the
14modification action is vexatious or constitutes harassment. If
15the court finds that a parent has repeatedly filed frivolous
16motions for modification, the court may bar the parent from
17filing a motion for modification for a period of time.
 
18    (750 ILCS 5/801)  (from Ch. 40, par. 801)
19    Sec. 801. Application.)
20    (a) This Act applies to all proceedings commenced on or
21after its effective date.
22    (b) This Act applies to all pending actions and proceedings
23commenced prior to its effective date with respect to issues on
24which a judgment has not been entered. Evidence adduced after
25the effective date of this Act shall be in compliance with this

 

 

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1Act.
2    (c) This Act applies to all proceedings commenced after its
3effective date for the modification of a judgment or order
4entered prior to the effective date of this Act. Alimony in
5gross or settlements in lieu of alimony provided for in
6judgments entered prior to October 1, 1977 shall not be
7modifiable or terminable as maintenance thereafter.
8    (d) In any action or proceeding in which an appeal was
9pending or a new trial was ordered prior to the effective date
10of this Act, the law in effect at the time of the order
11sustaining the appeal or the new trial governs the appeal, the
12new trial, and any subsequent trial or appeal.
13    (e) On and after the effective date of this amendatory Act
14of the 99th General Assembly, the term "parenting time" is used
15in place of "visitation" with respect to time during which a
16parent is responsible for exercising caretaking functions and
17non-significant decision-making responsibilities concerning
18the child. On and after the effective date of this amendatory
19Act of the 99th General Assembly, the term "parental
20responsibility" is used in place of "custody" and related terms
21such as "custodial" and "custodian". It is not the intent of
22the General Assembly to modify or change the rights arising
23under any order entered concerning custody or visitation prior
24to the effective date of this amendatory Act of the 99th
25General Assembly.
26(Source: P.A. 82-566.)
 

 

 

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1    (750 ILCS 5/406 rep.)
2    (750 ILCS 5/407 rep.)
3    (750 ILCS 5/408 rep.)
4    (750 ILCS 5/412 rep.)
5    (750 ILCS 5/514 rep.)
6    (750 ILCS 5/515 rep.)
7    (750 ILCS 5/516 rep.)
8    (750 ILCS 5/517 rep.)
9    (750 ILCS 5/601 rep.)
10    (750 ILCS 5/601.5 rep.)
11    (750 ILCS 5/602 rep.)
12    (750 ILCS 5/602.1 rep.)
13    (750 ILCS 5/603 rep.)
14    (750 ILCS 5/604 rep.)
15    (750 ILCS 5/604.5 rep.)
16    (750 ILCS 5/605 rep.)
17    (750 ILCS 5/606 rep.)
18    (750 ILCS 5/607 rep.)
19    (750 ILCS 5/607.1 rep.)
20    (750 ILCS 5/608 rep.)
21    (750 ILCS 5/609 rep.)
22    (750 ILCS 5/610 rep.)
23    (750 ILCS 5/611 rep.)
24    (750 ILCS 5/701 rep.)
25    (750 ILCS 5/703 rep.)

 

 

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1    Section 5-20. The Illinois Marriage and Dissolution of
2Marriage Act is amended by repealing Sections 406, 407, 408,
3412, 514, 515, 516, 517, 601, 601.5, 602, 602.1, 603, 604,
4604.5, 605, 606, 607, 607.1, 608, 609, 610, 611, 701, and 703.
 
5    Section 5-23. The Uniform Child-Custody Jurisdiction and
6Enforcement Act is amended by changing Section 202 as follows:
 
7    (750 ILCS 36/202)
8    Sec. 202. Exclusive, Continuing Jurisdiction.
9    (a) Except as otherwise provided in Section 204, a court of
10this State which has made a child-custody determination
11consistent with Section 201 or 203 has exclusive, continuing
12jurisdiction over the determination until:
13        (1) a court of this State determines that neither the
14    child, the child's parents, and any person acting as a
15    parent do not have a significant connection with this State
16    and that substantial evidence is no longer available in
17    this State concerning the child's care, protection,
18    training, and personal relationships; or
19        (2) a court of this State or a court of another state
20    determines that the child, the child's parents, and any
21    person acting as a parent do not presently reside in this
22    State.
23    (b) A court of this State which has made a child-custody
24determination and does not have exclusive, continuing

 

 

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1jurisdiction under this Section may modify that determination
2only if it has jurisdiction to make an initial determination
3under Section 201.
4    (c) A court of this State shall continue to exercise
5exclusive jurisdiction and be considered the home state of a
6child if a parent moves with a child under subsection (h) of
7Section 609.2 of the Illinois Marriage and Dissolution of
8Marriage Act.
9(Source: P.A. 93-108, eff. 1-1-04.)
 
10    Section 5-25. The Illinois Domestic Violence Act of 1986 is
11amended by changing Sections 214 and 223 as follows:
 
12    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
13    Sec. 214. Order of protection; remedies.
14    (a) Issuance of order. If the court finds that petitioner
15has been abused by a family or household member or that
16petitioner is a high-risk adult who has been abused, neglected,
17or exploited, as defined in this Act, an order of protection
18prohibiting the abuse, neglect, or exploitation shall issue;
19provided that petitioner must also satisfy the requirements of
20one of the following Sections, as appropriate: Section 217 on
21emergency orders, Section 218 on interim orders, or Section 219
22on plenary orders. Petitioner shall not be denied an order of
23protection because petitioner or respondent is a minor. The
24court, when determining whether or not to issue an order of

 

 

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1protection, shall not require physical manifestations of abuse
2on the person of the victim. Modification and extension of
3prior orders of protection shall be in accordance with this
4Act.
5    (b) Remedies and standards. The remedies to be included in
6an order of protection shall be determined in accordance with
7this Section and one of the following Sections, as appropriate:
8Section 217 on emergency orders, Section 218 on interim orders,
9and Section 219 on plenary orders. The remedies listed in this
10subsection shall be in addition to other civil or criminal
11remedies available to petitioner.
12        (1) Prohibition of abuse, neglect, or exploitation.
13    Prohibit respondent's harassment, interference with
14    personal liberty, intimidation of a dependent, physical
15    abuse, or willful deprivation, neglect or exploitation, as
16    defined in this Act, or stalking of the petitioner, as
17    defined in Section 12-7.3 of the Criminal Code of 2012, if
18    such abuse, neglect, exploitation, or stalking has
19    occurred or otherwise appears likely to occur if not
20    prohibited.
21        (2) Grant of exclusive possession of residence.
22    Prohibit respondent from entering or remaining in any
23    residence, household, or premises of the petitioner,
24    including one owned or leased by respondent, if petitioner
25    has a right to occupancy thereof. The grant of exclusive
26    possession of the residence, household, or premises shall

 

 

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1    not affect title to real property, nor shall the court be
2    limited by the standard set forth in Section 701 of the
3    Illinois Marriage and Dissolution of Marriage Act.
4            (A) Right to occupancy. A party has a right to
5        occupancy of a residence or household if it is solely
6        or jointly owned or leased by that party, that party's
7        spouse, a person with a legal duty to support that
8        party or a minor child in that party's care, or by any
9        person or entity other than the opposing party that
10        authorizes that party's occupancy (e.g., a domestic
11        violence shelter). Standards set forth in subparagraph
12        (B) shall not preclude equitable relief.
13            (B) Presumption of hardships. If petitioner and
14        respondent each has the right to occupancy of a
15        residence or household, the court shall balance (i) the
16        hardships to respondent and any minor child or
17        dependent adult in respondent's care resulting from
18        entry of this remedy with (ii) the hardships to
19        petitioner and any minor child or dependent adult in
20        petitioner's care resulting from continued exposure to
21        the risk of abuse (should petitioner remain at the
22        residence or household) or from loss of possession of
23        the residence or household (should petitioner leave to
24        avoid the risk of abuse). When determining the balance
25        of hardships, the court shall also take into account
26        the accessibility of the residence or household.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1            such person or child of such intimate partner or
2            person, or engaging in other conduct that would
3            place an intimate partner in reasonable fear of
4            bodily injury to the partner or child; and
5                (3)(i) includes a finding that such person
6            represents a credible threat to the physical
7            safety of such intimate partner or child; or (ii)
8            by its terms explicitly prohibits the use,
9            attempted use, or threatened use of physical force
10            against such intimate partner or child that would
11            reasonably be expected to cause bodily injury.
12        Any Firearm Owner's Identification Card in the
13        possession of the respondent, except as provided in
14        subsection (b), shall be ordered by the court to be
15        turned over to the local law enforcement agency. The
16        local law enforcement agency shall immediately mail
17        the card to the Department of State Police Firearm
18        Owner's Identification Card Office for safekeeping.
19        The court shall issue a warrant for seizure of any
20        firearm in the possession of the respondent, to be kept
21        by the local law enforcement agency for safekeeping,
22        except as provided in subsection (b). The period of
23        safekeeping shall be for the duration of the order of
24        protection. The firearm or firearms and Firearm
25        Owner's Identification Card, if unexpired, shall at
26        the respondent's request, be returned to the

 

 

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1        respondent at the end of the order of protection. It is
2        the respondent's responsibility to notify the
3        Department of State Police Firearm Owner's
4        Identification Card Office.
5            (b) If the respondent is a peace officer as defined
6        in Section 2-13 of the Criminal Code of 2012, the court
7        shall order that any firearms used by the respondent in
8        the performance of his or her duties as a peace officer
9        be surrendered to the chief law enforcement executive
10        of the agency in which the respondent is employed, who
11        shall retain the firearms for safekeeping for the
12        duration of the order of protection.
13            (c) Upon expiration of the period of safekeeping,
14        if the firearms or Firearm Owner's Identification Card
15        cannot be returned to respondent because respondent
16        cannot be located, fails to respond to requests to
17        retrieve the firearms, or is not lawfully eligible to
18        possess a firearm, upon petition from the local law
19        enforcement agency, the court may order the local law
20        enforcement agency to destroy the firearms, use the
21        firearms for training purposes, or for any other
22        application as deemed appropriate by the local law
23        enforcement agency; or that the firearms be turned over
24        to a third party who is lawfully eligible to possess
25        firearms, and who does not reside with respondent.
26        (15) Prohibition of access to records. If an order of

 

 

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1    protection prohibits respondent from having contact with
2    the minor child, or if petitioner's address is omitted
3    under subsection (b) of Section 203, or if necessary to
4    prevent abuse or wrongful removal or concealment of a minor
5    child, the order shall deny respondent access to, and
6    prohibit respondent from inspecting, obtaining, or
7    attempting to inspect or obtain, school or any other
8    records of the minor child who is in the care of
9    petitioner.
10        (16) Order for payment of shelter services. Order
11    respondent to reimburse a shelter providing temporary
12    housing and counseling services to the petitioner for the
13    cost of the services, as certified by the shelter and
14    deemed reasonable by the court.
15        (17) Order for injunctive relief. Enter injunctive
16    relief necessary or appropriate to prevent further abuse of
17    a family or household member or further abuse, neglect, or
18    exploitation of a high-risk adult with disabilities or to
19    effectuate one of the granted remedies, if supported by the
20    balance of hardships. If the harm to be prevented by the
21    injunction is abuse or any other harm that one of the
22    remedies listed in paragraphs (1) through (16) of this
23    subsection is designed to prevent, no further evidence is
24    necessary that the harm is an irreparable injury.
25    (c) Relevant factors; findings.
26        (1) In determining whether to grant a specific remedy,

 

 

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1    other than payment of support, the court shall consider
2    relevant factors, including but not limited to the
3    following:
4            (i) the nature, frequency, severity, pattern and
5        consequences of the respondent's past abuse, neglect
6        or exploitation of the petitioner or any family or
7        household member, including the concealment of his or
8        her location in order to evade service of process or
9        notice, and the likelihood of danger of future abuse,
10        neglect, or exploitation to petitioner or any member of
11        petitioner's or respondent's family or household; and
12            (ii) the danger that any minor child will be abused
13        or neglected or improperly relocated removed from the
14        jurisdiction, improperly concealed within the State or
15        improperly separated from the child's primary
16        caretaker.
17        (2) In comparing relative hardships resulting to the
18    parties from loss of possession of the family home, the
19    court shall consider relevant factors, including but not
20    limited to the following:
21            (i) availability, accessibility, cost, safety,
22        adequacy, location and other characteristics of
23        alternate housing for each party and any minor child or
24        dependent adult in the party's care;
25            (ii) the effect on the party's employment; and
26            (iii) the effect on the relationship of the party,

 

 

SB0057- 195 -LRB099 05449 HEP 25484 b

1        and any minor child or dependent adult in the party's
2        care, to family, school, church and community.
3        (3) Subject to the exceptions set forth in paragraph
4    (4) of this subsection, the court shall make its findings
5    in an official record or in writing, and shall at a minimum
6    set forth the following:
7            (i) That the court has considered the applicable
8        relevant factors described in paragraphs (1) and (2) of
9        this subsection.
10            (ii) Whether the conduct or actions of respondent,
11        unless prohibited, will likely cause irreparable harm
12        or continued abuse.
13            (iii) Whether it is necessary to grant the
14        requested relief in order to protect petitioner or
15        other alleged abused persons.
16        (4) For purposes of issuing an ex parte emergency order
17    of protection, the court, as an alternative to or as a
18    supplement to making the findings described in paragraphs
19    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
20    the following procedure:
21        When a verified petition for an emergency order of
22    protection in accordance with the requirements of Sections
23    203 and 217 is presented to the court, the court shall
24    examine petitioner on oath or affirmation. An emergency
25    order of protection shall be issued by the court if it
26    appears from the contents of the petition and the

 

 

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1    examination of petitioner that the averments are
2    sufficient to indicate abuse by respondent and to support
3    the granting of relief under the issuance of the emergency
4    order of protection.
5        (5) Never married parties. No rights or
6    responsibilities for a minor child born outside of marriage
7    attach to a putative father until a father and child
8    relationship has been established under the Illinois
9    Parentage Act of 1984, the Illinois Public Aid Code,
10    Section 12 of the Vital Records Act, the Juvenile Court Act
11    of 1987, the Probate Act of 1985, the Revised Uniform
12    Reciprocal Enforcement of Support Act, the Uniform
13    Interstate Family Support Act, the Expedited Child Support
14    Act of 1990, any judicial, administrative, or other act of
15    another state or territory, any other Illinois statute, or
16    by any foreign nation establishing the father and child
17    relationship, any other proceeding substantially in
18    conformity with the Personal Responsibility and Work
19    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
20    or where both parties appeared in open court or at an
21    administrative hearing acknowledging under oath or
22    admitting by affirmation the existence of a father and
23    child relationship. Absent such an adjudication, finding,
24    or acknowledgement, no putative father shall be granted
25    temporary allocation of parental responsibilities,
26    including parenting time custody of the minor child,

 

 

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1    visitation with the minor child, or physical care and
2    possession of the minor child, nor shall an order of
3    payment for support of the minor child be entered.
4    (d) Balance of hardships; findings. If the court finds that
5the balance of hardships does not support the granting of a
6remedy governed by paragraph (2), (3), (10), (11), or (16) of
7subsection (b) of this Section, which may require such
8balancing, the court's findings shall so indicate and shall
9include a finding as to whether granting the remedy will result
10in hardship to respondent that would substantially outweigh the
11hardship to petitioner from denial of the remedy. The findings
12shall be an official record or in writing.
13    (e) Denial of remedies. Denial of any remedy shall not be
14based, in whole or in part, on evidence that:
15        (1) Respondent has cause for any use of force, unless
16    that cause satisfies the standards for justifiable use of
17    force provided by Article 7 of the Criminal Code of 2012;
18        (2) Respondent was voluntarily intoxicated;
19        (3) Petitioner acted in self-defense or defense of
20    another, provided that, if petitioner utilized force, such
21    force was justifiable under Article 7 of the Criminal Code
22    of 2012;
23        (4) Petitioner did not act in self-defense or defense
24    of another;
25        (5) Petitioner left the residence or household to avoid
26    further abuse, neglect, or exploitation by respondent;

 

 

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1        (6) Petitioner did not leave the residence or household
2    to avoid further abuse, neglect, or exploitation by
3    respondent;
4        (7) Conduct by any family or household member excused
5    the abuse, neglect, or exploitation by respondent, unless
6    that same conduct would have excused such abuse, neglect,
7    or exploitation if the parties had not been family or
8    household members.
9(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
1097-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;
1197-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
12    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
13    Sec. 223. Enforcement of orders of protection.
14    (a) When violation is crime. A violation of any order of
15protection, whether issued in a civil or criminal proceeding,
16shall be enforced by a criminal court when:
17        (1) The respondent commits the crime of violation of an
18    order of protection pursuant to Section 12-3.4 or 12-30 of
19    the Criminal Code of 1961 or the Criminal Code of 2012, by
20    having knowingly violated:
21            (i) remedies described in paragraphs (1), (2),
22        (3), (14), or (14.5) of subsection (b) of Section 214
23        of this Act; or
24            (ii) a remedy, which is substantially similar to
25        the remedies authorized under paragraphs (1), (2),

 

 

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1        (3), (14), and (14.5) of subsection (b) of Section 214
2        of this Act, in a valid order of protection which is
3        authorized under the laws of another state, tribe, or
4        United States territory; or
5            (iii) any other remedy when the act constitutes a
6        crime against the protected parties as defined by the
7        Criminal Code of 1961 or the Criminal Code of 2012.
8        Prosecution for a violation of an order of protection
9    shall not bar concurrent prosecution for any other crime,
10    including any crime that may have been committed at the
11    time of the violation of the order of protection; or
12        (2) The respondent commits the crime of child abduction
13    pursuant to Section 10-5 of the Criminal Code of 1961 or
14    the Criminal Code of 2012, by having knowingly violated:
15            (i) remedies described in paragraphs (5), (6) or
16        (8) of subsection (b) of Section 214 of this Act; or
17            (ii) a remedy, which is substantially similar to
18        the remedies authorized under paragraphs (5), (6), or
19        (8) of subsection (b) of Section 214 of this Act, in a
20        valid order of protection which is authorized under the
21        laws of another state, tribe, or United States
22        territory.
23    (b) When violation is contempt of court. A violation of any
24valid Illinois order of protection, whether issued in a civil
25or criminal proceeding, may be enforced through civil or
26criminal contempt procedures, as appropriate, by any court with

 

 

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1jurisdiction, regardless where the act or acts which violated
2the order of protection were committed, to the extent
3consistent with the venue provisions of this Act. Nothing in
4this Act shall preclude any Illinois court from enforcing any
5valid order of protection issued in another state. Illinois
6courts may enforce orders of protection through both criminal
7prosecution and contempt proceedings, unless the action which
8is second in time is barred by collateral estoppel or the
9constitutional prohibition against double jeopardy.
10        (1) In a contempt proceeding where the petition for a
11    rule to show cause sets forth facts evidencing an immediate
12    danger that the respondent will flee the jurisdiction,
13    conceal a child, or inflict physical abuse on the
14    petitioner or minor children or on dependent adults in
15    petitioner's care, the court may order the attachment of
16    the respondent without prior service of the rule to show
17    cause or the petition for a rule to show cause. Bond shall
18    be set unless specifically denied in writing.
19        (2) A petition for a rule to show cause for violation
20    of an order of protection shall be treated as an expedited
21    proceeding.
22    (b-1) The court shall not hold a school district or private
23or non-public school or any of its employees in civil or
24criminal contempt unless the school district or private or
25non-public school has been allowed to intervene.
26    (b-2) The court may hold the parents, guardian, or legal

 

 

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1custodian of a minor respondent in civil or criminal contempt
2for a violation of any provision of any order entered under
3this Act for conduct of the minor respondent in violation of
4this Act if the parents, guardian, or legal custodian directed,
5encouraged, or assisted the respondent minor in such conduct.
6    (c) Violation of custody or support orders or temporary or
7final judgments allocating parental responsibilities. A
8violation of remedies described in paragraphs (5), (6), (8), or
9(9) of subsection (b) of Section 214 of this Act may be
10enforced by any remedy provided by Section 607.5 611 of the
11Illinois Marriage and Dissolution of Marriage Act. The court
12may enforce any order for support issued under paragraph (12)
13of subsection (b) of Section 214 in the manner provided for
14under Parts V and VII of the Illinois Marriage and Dissolution
15of Marriage Act.
16    (d) Actual knowledge. An order of protection may be
17enforced pursuant to this Section if the respondent violates
18the order after the respondent has actual knowledge of its
19contents as shown through one of the following means:
20        (1) By service, delivery, or notice under Section 210.
21        (2) By notice under Section 210.1 or 211.
22        (3) By service of an order of protection under Section
23    222.
24        (4) By other means demonstrating actual knowledge of
25    the contents of the order.
26    (e) The enforcement of an order of protection in civil or

 

 

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1criminal court shall not be affected by either of the
2following:
3        (1) The existence of a separate, correlative order,
4    entered under Section 215.
5        (2) Any finding or order entered in a conjoined
6    criminal proceeding.
7    (f) Circumstances. The court, when determining whether or
8not a violation of an order of protection has occurred, shall
9not require physical manifestations of abuse on the person of
10the victim.
11    (g) Penalties.
12        (1) Except as provided in paragraph (3) of this
13    subsection, where the court finds the commission of a crime
14    or contempt of court under subsections (a) or (b) of this
15    Section, the penalty shall be the penalty that generally
16    applies in such criminal or contempt proceedings, and may
17    include one or more of the following: incarceration,
18    payment of restitution, a fine, payment of attorneys' fees
19    and costs, or community service.
20        (2) The court shall hear and take into account evidence
21    of any factors in aggravation or mitigation before deciding
22    an appropriate penalty under paragraph (1) of this
23    subsection.
24        (3) To the extent permitted by law, the court is
25    encouraged to:
26            (i) increase the penalty for the knowing violation

 

 

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1        of any order of protection over any penalty previously
2        imposed by any court for respondent's violation of any
3        order of protection or penal statute involving
4        petitioner as victim and respondent as defendant;
5            (ii) impose a minimum penalty of 24 hours
6        imprisonment for respondent's first violation of any
7        order of protection; and
8            (iii) impose a minimum penalty of 48 hours
9        imprisonment for respondent's second or subsequent
10        violation of an order of protection
11    unless the court explicitly finds that an increased penalty
12    or that period of imprisonment would be manifestly unjust.
13