HB4202 96TH GENERAL ASSEMBLY

LRB096 05711 AJO 15778 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4202

Introduced 2/27/2009, by Rep. Ronald A. Wait

SYNOPSIS AS INTRODUCED:

750 ILCS 5/505.4 new
750 ILCS 5/610.5 new

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in a proceeding to establish, modify, or enforce child custody, visitation, or support if the person who is awarded custody, granted visitation, or ordered to pay child support is on active military duty stationed out of State, the court must treat any order establishing, modifying, or enforcing child custody, visitation, or support as a temporary order. Provides that this temporary order does not prejudice the rights of the parties or the child subsequently in the proceeding and terminates when the court enters a subsequent order or judgment, following a hearing held after the person is discharged or is no longer stationed out of State. Provides that a temporary child custody, visitation, or support order entered under these provisions may be incorporated into a final judgment, but only if the court finds that the provision applies and the judgment provides that any child custody, visitation, or support order may be modified without meeting the other applicable requirements in the Act. Provides that "active-duty military member" means a person currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by adding Sections 505.4 and 610.5 as follows:

(750 ILCS 5/505.4 new)

Sec. 505.4. Out of State military service.

(a) Whenever it is determined in a proceeding to establish, modify, or enforce a child support obligation that the person owing a duty of support is a person on active military duty stationed out of State, the court must treat any order establishing, modifying, or enforcing a child support obligation as a temporary order.

(b) An order that qualifies as a temporary order under this Section:

(1) does not prejudice the rights of the parties or the child which are to be adjudicated at a subsequent hearing in the proceeding;

(2) may be incorporated into a final judgment, but only if the court makes a finding that this Section applies and the judgment provides that it may be modified to the extent that it establishes, modifies, or enforces a child support obligation without meeting the requirements of Section 510; and

(3) terminates when the court enters a subsequent order or judgment following a hearing that is held:

(A) after the person is discharged from active military duty; or

(B) after the person, although remaining on active military duty, is no longer stationed out of State.

(c) "Active-duty military member" means, for purposes of this Section, a person who is currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.

(750 ILCS 5/610.5 new)

Sec. 610.5. Out of State military service.

(a) Whenever it is determined in a proceeding to establish, modify, or enforce child custody or visitation with a child that a parent who is a party to the proceeding is a person on active military duty stationed out of State, the court must treat any order establishing, modifying, or enforcing child custody or visitation with a child as a temporary order.

(b) An order that qualifies as a temporary order under this Section:

(1) does not prejudice the rights of the parties or the child which are to be adjudicated at a subsequent hearing in the proceeding;

(2) may be incorporated into a final judgment, but only if the court makes a finding that this Section applies and the judgment provides that it may be modified to the extent that it establishes, modifies, or enforces child custody without meeting the requirements of Section 610; and

(3) terminates when the court enters a subsequent order or judgment following a hearing that is held:

(A) after the person is discharged from active military duty; or

(B) after the person, although remaining on active military duty, is no longer stationed out of State.

(c) "Active-duty military member" means, for purposes of this Section, a person who is currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.