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

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

 

 

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

 

 

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

 

 

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1    Section 1-10. The Alienation of Affections Act is amended
2by changing the title of the Act and Section 0.01 and by adding
3Section 7.1 as follows:
 
4    (740 ILCS 5/Act title)
5An Act relating to the damages recoverable in actions for
6alienation of affections.
 
7    (740 ILCS 5/0.01)  (from Ch. 40, par. 1900)
8    Sec. 0.01. Short title. This Act may be cited as the
9Alienation of Affections Abolition Act.
10(Source: P.A. 86-1324.)
 
11    (740 ILCS 5/7.1 new)
12    Sec. 7.1. Abolition; effect of repeal.
13    (a) This amendatory Act of the 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, 602.11, 603.5, 603.10, 604.10, 606.5, 606.10, 607.5,
14609.2, and 610.5 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

 

 

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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 allocated parenting time, financial
23affidavits, tax returns, pay stubs, banking statements, and
24other relevant documentation, except an evidentiary hearing
25may be held upon a showing of good cause. If a party
26intentionally or recklessly files an inaccurate or misleading

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    that no such reimbursement shall be made with respect to a
2    contribution which is not retraceable by clear and
3    convincing evidence, or was a gift, or, in the case of a
4    contribution of personal effort of a spouse to non-marital
5    property, unless the effort is significant and results in
6    substantial appreciation of the non-marital property.
7    Personal effort of a spouse shall be deemed a contribution
8    by the marital estate. The court may provide for
9    reimbursement out of the marital property to be divided or
10    by imposing a lien against the non-marital property which
11    received the contribution.
12    (d) In a proceeding for dissolution of marriage or
13declaration of invalidity of marriage, or in a proceeding for
14disposition of property following dissolution of marriage by a
15court that which lacked personal jurisdiction over the absent
16spouse or lacked jurisdiction to dispose of the property, the
17court shall assign each spouse's non-marital property to that
18spouse. It also shall divide the marital property without
19regard to marital misconduct in just proportions considering
20all relevant factors, including:
21        (1) each party's the contribution of each party to the
22    acquisition, preservation, or increase or decrease in
23    value of the marital or non-marital property, including (i)
24    any such decrease attributable to a payment deemed to have
25    been an advance from the parties' marital estate under
26    subsection (c-1)(2) of Section 501; and (ii) the

 

 

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

 

 

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

 

 

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

 

 

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1under this subsection, the court may consider, among other
2things, the conviction of a party of any of the offenses set
3forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
412-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
512-15, or 12-16, or Section 12-3.05 except for subdivision
6(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal
7Code of 2012 if the victim is a child of one or both of the
8parties, and there is a need for, and cost of, care, healing
9and counseling for the child who is the victim of the crime.
10    (h) Unless specifically directed by a reviewing court, or
11upon good cause shown, the court shall not on remand consider
12any increase or decrease in the value of any "marital" or
13"non-marital" property occurring since the assessment of such
14property at the original trial or hearing, but shall use only
15that assessment made at the original trial or hearing.
16    (i) The court may make such judgments affecting the marital
17property as may be just and may enforce such judgments by
18ordering a sale of marital property, with proceeds therefrom to
19be applied as determined by the court.
20    (j) After proofs have closed in the final hearing on all
21other issues between the parties (or in conjunction with the
22final hearing, if all parties so stipulate) and before judgment
23is entered, a party's petition for contribution to fees and
24costs incurred in the proceeding shall be heard and decided, in
25accordance with the following provisions:
26        (1) A petition for contribution, if not filed before

 

 

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

 

 

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1    the court determines) may be in the form of either a set
2    dollar amount or a percentage of fees and costs (or a
3    portion of fees and costs) to be subsequently agreed upon
4    by the petitioning party and counsel or, alternatively,
5    thereafter determined in a hearing pursuant to subsection
6    (c) of Section 508 or previously or thereafter determined
7    in an independent proceeding under subsection (e) of
8    Section 508.
9        (6) The changes to this Section 503 made by this
10    amendatory Act of 1996 apply to cases pending on or after
11    June 1, 1997, except as otherwise provided in Section 508.
12    (k) In determining the value of assets or property under
13this Section, the court shall employ a fair market value
14standard. The date of valuation for the purposes of division of
15assets shall be the date of trial or such other date as agreed
16by the parties or ordered by the court, within its discretion.
17If the court grants a petition brought under Section 2-1401 of
18the Code of Civil Procedure, then the court has the discretion
19to use the date of the trial or such other date as agreed upon
20by the parties, or ordered by the court within its discretion,
21for purposes of determining the value of assets or property.
22    (l) The court may seek the advice of financial experts or
23other professionals, whether or not employed by the court on a
24regular basis. The advice given shall be in writing and made
25available by the court to counsel. Counsel may examine as a
26witness any professional consulted by the court designated as

 

 

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1the court's witness. Professional personnel consulted by the
2court are subject to subpoena for the purposes of discovery,
3trial, or both. The court shall allocate the costs and fees of
4those professional personnel between the parties based upon the
5financial ability of each party and any other criteria the
6court considers appropriate, and the allocation is subject to
7reallocation under subsection (a) of Section 508. Upon the
8request of any party or upon the court's own motion, the court
9may conduct a hearing as to the reasonableness of those fees
10and costs.
11    (m) The changes made to this Section by Public Act 97-941
12this amendatory Act of the 97th General Assembly apply only to
13petitions for dissolution of marriage filed on or after January
141, 2013 (the effective date of Public Act 97-941) this
15amendatory Act of the 97th General Assembly.
16(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section
17985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff.
187-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff.
191-1-13; 97-1150, eff. 1-25-13; revised 12-10-14.)
 
20    (750 ILCS 5/504)  (from Ch. 40, par. 504)
21    Sec. 504. Maintenance.
22    (a) Entitlement to maintenance. In a proceeding for
23dissolution of marriage or legal separation or declaration of
24invalidity of marriage, or a proceeding for maintenance
25following dissolution of the marriage by a court which lacked

 

 

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

 

 

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1    maintenance to acquire appropriate education, training,
2    and employment, and whether that party is able to support
3    himself or herself through appropriate employment or any
4    parental responsibility arrangements and its effect on the
5    party seeking is the custodian of a child making it
6    appropriate that the custodian not seek employment;
7        (7) (6) the standard of living established during the
8    marriage;
9        (8) (7) the duration of the marriage;
10        (9) the age, health, station, occupation, amount and
11    sources of income, vocational skills, employability,
12    estate, liabilities, and the needs of each of the (8) the
13    age and the physical and emotional condition of both
14    parties;
15        (10) all sources of public and private income
16    including, without limitation, disability and retirement
17    income;
18        (11) (9) the tax consequences of the property division
19    upon the respective economic circumstances of the parties;
20        (12) (10) contributions and services by the party
21    seeking maintenance to the education, training, career or
22    career potential, or license of the other spouse;
23        (13) (11) any valid agreement of the parties; and
24        (14) (12) any other factor that the court expressly
25    finds to be just and equitable.
26    (b) (Blank).

 

 

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

 

 

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1        years (.40); 10 years or more but less than 15 10-15
2        years (.60); or 15 years or more but less than 20 15-20
3        years (.80). For a marriage of 20 or more years, the
4        court, in its discretion, shall order either permanent
5        maintenance or maintenance for a period equal to the
6        length of the marriage.
7        (2) Maintenance award not in accordance with
8    guidelines. Any non-guidelines award of maintenance shall
9    be made after the court's consideration of all relevant
10    factors set forth in subsection (a) of this Section.
11    (b-2) Findings. In each case involving the issue of
12maintenance, the court shall make specific findings of fact, as
13follows:
14        (1) the court shall state its reasoning for awarding or
15    not awarding maintenance and shall include references to
16    each relevant factor set forth in subsection (a) of this
17    Section; and
18        (2) if the court deviates from otherwise applicable
19    guidelines under paragraph (1) of subsection (b-1), it
20    shall state in its findings the amount of maintenance (if
21    determinable) or duration that would have been required
22    under the guidelines and the reasoning for any variance
23    from the guidelines.
24    (b-3) Gross income. For purposes of this Section, the term
25"gross income" means all income from all sources, within the
26scope of that phase in Section 505 of this Act.

 

 

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1    (b-4) Unallocated maintenance. Unless the parties
2otherwise agree, the court may not order unallocated
3maintenance and child support in any dissolution judgment or in
4any post-dissolution order. In its discretion, the court may
5order unallocated maintenance and child support in any
6pre-dissolution temporary order.
7    (b-4.5) Fixed-term maintenance in marriages of less than 10
8years. If a court grants maintenance for a fixed period under
9subsection (a) of this Section at the conclusion of a case
10commenced before the tenth anniversary of the marriage, the
11court may also designate the termination of the period during
12which this maintenance is to be paid as a "permanent
13termination". The effect of this designation is that
14maintenance is barred after the ending date of the period
15during which maintenance is to be paid.
16    (b-5) Interest on maintenance. Any maintenance obligation
17including any unallocated maintenance and child support
18obligation, or any portion of any support obligation, that
19becomes due and remains unpaid shall accrue simple interest as
20set forth in Section 505 of this Act.
21    (b-7) Maintenance judgments. Any new or existing
22maintenance order including any unallocated maintenance and
23child support order entered by the court under this Section
24shall be deemed to be a series of judgments against the person
25obligated to pay support thereunder. Each such judgment to be
26in the amount of each payment or installment of support and

 

 

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

 

 

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

 

 

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1        payor's life up to a maximum level of death benefit
2        coverage, or descending death benefit coverage, as is
3        set by the court, such level not to exceed a reasonable
4        amount in light of the court's award, with the payee or
5        the payee's designee being the beneficiary of such life
6        insurance.
7    In determining the maximum level of death benefit coverage,
8    the court shall take into account all relevant facts and
9    circumstances, including the impact on access to life
10    insurance by the maintenance payor. If in resolving any
11    issues under paragraph (2) of this subsection (f) a court
12    reviews any submitted or proposed application for new
13    insurance on the life of a maintenance payor, the review
14    shall be in camera.
15        (3) A judgment shall expressly set forth that all death
16    benefits paid under life insurance on a payor's life
17    maintained or obtained pursuant to this subsection to
18    secure maintenance are designated as excludable from the
19    gross income of the maintenance payee under Section
20    71(b)(1)(B) of the Internal Revenue Code, unless an
21    agreement or stipulation of the parties otherwise
22    provides.
23(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
2497-813, eff. 7-13-12; 98-961, eff. 1-1-15.)
 
25    (750 ILCS 5/505)  (from Ch. 40, par. 505)

 

 

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1    Sec. 505. Child support; contempt; penalties.
2    (a) In a proceeding for dissolution of marriage, legal
3separation, declaration of invalidity of marriage, a
4proceeding for child support following dissolution of the
5marriage by a court that lacked personal jurisdiction over the
6absent spouse, a proceeding for modification of a previous
7order for child support under Section 510 of this Act, or any
8proceeding authorized under Section 501 or 601 of this Act, the
9court may order either or both parents owing a duty of support
10to a child of the marriage to pay an amount reasonable and
11necessary for the support of the child, without regard to
12marital misconduct. The duty of support owed to a child
13includes the obligation to provide for the reasonable and
14necessary educational, physical, mental and emotional health
15needs of the child. For purposes of this Section, the term
16"child" shall include any child under age 18 and any child
17under age 19 who is still attending high school. For purposes
18of this Section, the term "supporting parent" means the parent
19obligated to pay support to the other parent.
20        (1) The Court shall determine the minimum amount of
21    support by using the following guidelines:
22Number of ChildrenPercent of Supporting Party's
23Net Income
24120%
25228%
26332%

 

 

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1440%
2545%
36 or more50%
4        (2) The above guidelines shall be applied in each case
5    unless the court finds that a deviation from the guidelines
6    is appropriate after considering the best interest of the
7    child in light of the evidence, including, but not limited
8    to, one or more of the following relevant factors:
9            (a) the financial resources and needs of the child;
10            (b) the financial resources and needs of the
11        parents custodial parent;
12            (c) the standard of living the child would have
13        enjoyed had the marriage not been dissolved;
14            (d) the physical, mental, and emotional needs of
15        the child; and
16            (d-5) the educational needs of the child. ; and
17            (e) the financial resources and needs of the
18        non-custodial parent.
19        If the court deviates from the guidelines, the court's
20    finding shall state the amount of support that would have
21    been required under the guidelines, if determinable. The
22    court shall include the reason or reasons for the variance
23    from the guidelines.
24        (2.5) The court, in its discretion, in addition to
25    setting child support pursuant to the guidelines and
26    factors, may order either or both parents owing a duty of

 

 

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

 

 

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1        child support is to be payable;
2            (h) Expenditures for repayment of debts that
3        represent reasonable and necessary expenses for the
4        production of income including, but not limited to,
5        student loans, medical expenditures necessary to
6        preserve life or health, reasonable expenditures for
7        the benefit of the child and the other parent,
8        exclusive of gifts. The court shall reduce net income
9        in determining the minimum amount of support to be
10        ordered only for the period that such payments are due
11        and shall enter an order containing provisions for its
12        self-executing modification upon termination of such
13        payment period;
14            (i) Foster care payments paid by the Department of
15        Children and Family Services for providing licensed
16        foster care to a foster child.
17        (4) In cases where the court order provides for
18    health/hospitalization insurance coverage pursuant to
19    Section 505.2 of this Act, the premiums for that insurance,
20    or that portion of the premiums for which the supporting
21    party is responsible in the case of insurance provided
22    through an employer's health insurance plan where the
23    employer pays a portion of the premiums, shall be
24    subtracted from net income in determining the minimum
25    amount of support to be ordered.
26        (4.5) In a proceeding for child support following

 

 

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

 

 

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

 

 

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1    to exceed 6 months; provided, however, that the Court may
2    permit the parent to be released for periods of time during
3    the day or night to:
4            (A) work; or
5            (B) conduct a business or other self-employed
6        occupation.
7    The Court may further order any part or all of the earnings
8of a parent during a sentence of periodic imprisonment paid to
9the Clerk of the Circuit Court or to the parent receiving the
10support or to the guardian receiving the support having custody
11or to the guardian having custody of the children of the
12sentenced parent for the support of said children until further
13order of the Court.
14    If a parent who is found guilty of contempt for failure to
15comply with an order to pay support is a person who conducts a
16business or who is self-employed, the court in addition to
17other penalties provided by law may order that the parent do
18one or more of the following: (i) provide to the court monthly
19financial statements showing income and expenses from the
20business or the self-employment; (ii) seek employment and
21report periodically to the court with a diary, listing, or
22other memorandum of his or her employment search efforts; or
23(iii) report to the Department of Employment Security for job
24search services to find employment that will be subject to
25withholding for child support.
26    If there is a unity of interest and ownership sufficient to

 

 

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

 

 

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1Procedure or a copy of the order is placed of record in the
2office of the recorder of deeds for the county in which the
3real property is located.
4    The court may also order in cases where the parent is 90
5days or more delinquent in payment of support or has been
6adjudicated in arrears in an amount equal to 90 days obligation
7or more, that the parent's Illinois driving privileges be
8suspended until the court determines that the parent is in
9compliance with the order of support. The court may also order
10that the parent be issued a family financial responsibility
11driving permit that would allow limited driving privileges for
12employment and medical purposes in accordance with Section
137-702.1 of the Illinois Vehicle Code. The clerk of the circuit
14court shall certify the order suspending the driving privileges
15of the parent or granting the issuance of a family financial
16responsibility driving permit to the Secretary of State on
17forms prescribed by the Secretary. Upon receipt of the
18authenticated documents, the Secretary of State shall suspend
19the parent's driving privileges until further order of the
20court and shall, if ordered by the court, subject to the
21provisions of Section 7-702.1 of the Illinois Vehicle Code,
22issue a family financial responsibility driving permit to the
23parent.
24    In addition to the penalties or punishment that may be
25imposed under this Section, any person whose conduct
26constitutes a violation of Section 15 of the Non-Support

 

 

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

 

 

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1of past-due child support owed on July 1, 1988 which has
2accrued under a support order entered by the court. The charge
3shall be imposed in accordance with the provisions of Section
410-21 of the Illinois Public Aid Code and shall be enforced by
5the court upon petition.
6    (d) Any new or existing support order entered by the court
7under this Section shall be deemed to be a series of judgments
8against the person obligated to pay support thereunder, each
9such judgment to be in the amount of each payment or
10installment of support and each such judgment to be deemed
11entered as of the date the corresponding payment or installment
12becomes due under the terms of the support order. Each such
13judgment shall have the full force, effect and attributes of
14any other judgment of this State, including the ability to be
15enforced. Notwithstanding any other State or local law to the
16contrary, a lien arises by operation of law against the real
17and personal property of the supporting noncustodial parent for
18each installment of overdue support owed by the supporting
19noncustodial parent.
20    (e) When child support is to be paid through the clerk of
21the court in a county of 1,000,000 inhabitants or less, the
22order shall direct the supporting parent obligor to pay to the
23clerk, in addition to the child support payments, all fees
24imposed by the county board under paragraph (3) of subsection
25(u) of Section 27.1 of the Clerks of Courts Act. Unless paid in
26cash or pursuant to an order for withholding, the payment of

 

 

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1the fee shall be by a separate instrument from the support
2payment and shall be made to the order of the Clerk.
3    (f) All orders for support, when entered or modified, shall
4include a provision requiring the supporting parent obligor to
5notify the court and, in cases in which a party is receiving
6child and spouse services under Article X of the Illinois
7Public Aid Code, the Department of Healthcare and Family
8Services, within 7 days, (i) of the name and address of any new
9employer of the obligor, (ii) whether the supporting parent
10obligor has access to health insurance coverage through the
11employer or other group coverage and, if so, the policy name
12and number and the names of persons covered under the policy,
13except only the initials of any covered minors shall be
14included, and (iii) of any new residential or mailing address
15or telephone number of the supporting non-custodial parent. In
16any subsequent action to enforce a support order, upon a
17sufficient showing that a diligent effort has been made to
18ascertain the location of the supporting non-custodial parent,
19service of process or provision of notice necessary in the case
20may be made at the last known address of the supporting
21non-custodial parent in any manner expressly provided by the
22Code of Civil Procedure or this Act, which service shall be
23sufficient for purposes of due process.
24    (g) An order for support shall include a date on which the
25current support obligation terminates. The termination date
26shall be no earlier than the date on which the child covered by

 

 

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

 

 

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1limited to income withholding under the Income Withholding for
2Support Act. Each order for support entered or modified on or
3after the effective date of this amendatory Act of the 93rd
4General Assembly must contain a statement notifying the parties
5of the requirements of this subsection. Failure to include the
6statement in the order for support does not affect the validity
7of the order or the operation of the provisions of this
8subsection with regard to the order. This subsection shall not
9be construed to prevent or affect the establishment or
10modification of an order for support of a minor child or the
11establishment or modification of an order for support of a
12non-minor child or educational expenses under Section 513 of
13this Act.
14    (h) An order entered under this Section shall include a
15provision requiring either parent to report to the other parent
16and to the clerk of court within 10 days each time either
17parent obtains new employment, and each time either parent's
18the obligor to report to the obligee and to the clerk of court
19within 10 days each time the obligor obtains new employment,
20and each time the obligor's employment is terminated for any
21reason. The report shall be in writing and shall, in the case
22of new employment, include the name and address of the new
23employer. Failure to report new employment or the termination
24of current employment, if coupled with nonpayment of support
25for a period in excess of 60 days, is indirect criminal
26contempt. For either parent arrested for failure to report new

 

 

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1employment bond shall be set in the amount of the child support
2that should have been paid during the period of unreported
3employment. An order entered under this Section shall also
4include a provision requiring either parent to advise the any
5obligor arrested for failure to report new employment bond
6shall be set in the amount of the child support that should
7have been paid during the period of unreported employment. An
8order entered under this Section shall also include a provision
9requiring the obligor and obligee parents to advise each other
10of a change in residence within 5 days of the change except
11when the court finds that the physical, mental, or emotional
12health of a party or that of a child, or both, would be
13seriously endangered by disclosure of the party's address.
14    (i) The court does not lose the powers of contempt,
15driver's license suspension, or other child support
16enforcement mechanisms, including, but not limited to,
17criminal prosecution as set forth in this Act, upon the
18emancipation of the minor child or children.
19(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
2097-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13;
2197-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff.
221-1-15.)
 
23    (750 ILCS 5/506)  (from Ch. 40, par. 506)
24    Sec. 506. Representation of child.
25    (a) Duties. In any proceedings involving the support,

 

 

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1custody, visitation, allocation of parental responsibilities,
2education, parentage, property interest, or general welfare of
3a minor or dependent child, the court may, on its own motion or
4that of any party, appoint an attorney to serve in one of the
5following capacities to address the issues the court
6delineates:
7        (1) Attorney. The attorney shall provide independent
8    legal counsel for the child and shall owe the same duties
9    of undivided loyalty, confidentiality, and competent
10    representation as are due an adult client.
11        (2) Guardian ad litem. The guardian ad litem shall
12    testify or submit a written report to the court regarding
13    his or her recommendations in accordance with the best
14    interest of the child. The report shall be made available
15    to all parties. The guardian ad litem may be called as a
16    witness for purposes of cross-examination regarding the
17    guardian ad litem's report or recommendations. The
18    guardian ad litem shall investigate the facts of the case
19    and interview the child and the parties.
20        (3) Child representative. The child representative
21    shall advocate what the child representative finds to be in
22    the best interests of the child after reviewing the facts
23    and circumstances of the case. The child representative
24    shall meet with the child and the parties, investigate the
25    facts of the case, and encourage settlement and the use of
26    alternative forms of dispute resolution. The child

 

 

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1    representative shall have the same authority and
2    obligation to participate in the litigation as does an
3    attorney for a party and shall possess all the powers of
4    investigation as does a guardian ad litem. The child
5    representative shall consider, but not be bound by, the
6    expressed wishes of the child. A child representative shall
7    have received training in child advocacy or shall possess
8    such experience as determined to be equivalent to such
9    training by the chief judge of the circuit where the child
10    representative has been appointed. The child
11    representative shall not disclose confidential
12    communications made by the child, except as required by law
13    or by the Rules of Professional Conduct. The child
14    representative shall not render an opinion,
15    recommendation, or report to the court and shall not be
16    called as a witness, but shall offer evidence-based legal
17    arguments. The child representative shall disclose the
18    position as to what the child representative intends to
19    advocate in a pre-trial memorandum that shall be served
20    upon all counsel of record prior to the trial. The position
21    disclosed in the pre-trial memorandum shall not be
22    considered evidence. The court and the parties may consider
23    the position of the child representative for purposes of a
24    settlement conference.
25    (a-3) Additional appointments. During the proceedings the
26court may appoint an additional attorney to serve in the

 

 

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1capacity described in subdivision (a)(1) or an additional
2attorney to serve in another of the capacities described in
3subdivision (a)(2) or (a)(3) on the court's own motion or that
4of a party only for good cause shown and when the reasons for
5the additional appointment are set forth in specific findings.
6    (a-5) Appointment considerations. In deciding whether to
7make an appointment of an attorney for the minor child, a
8guardian ad litem, or a child representative, the court shall
9consider the nature and adequacy of the evidence to be
10presented by the parties and the availability of other methods
11of obtaining information, including social service
12organizations and evaluations by mental health professions, as
13well as resources for payment.
14    In no event is this Section intended to or designed to
15abrogate the decision making power of the trier of fact. Any
16appointment made under this Section is not intended to nor
17should it serve to place any appointed individual in the role
18of a surrogate judge.
19    (b) Fees and costs. The court shall enter an order as
20appropriate for costs, fees, and disbursements, including a
21retainer, when the attorney, guardian ad litem, or child's
22representative is appointed. Any person appointed under this
23Section shall file with the court within 90 days of his or her
24appointment, and every subsequent 90-day period thereafter
25during the course of his or her representation, a detailed
26invoice for services rendered with a copy being sent to each

 

 

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1party. The court shall review the invoice submitted and approve
2the fees, if they are reasonable and necessary. Any order
3approving the fees shall require payment by either or both
4parents, by any other party or source, or from the marital
5estate or the child's separate estate. The court may not order
6payment by the Department of Healthcare and Family Services in
7cases in which the Department is providing child support
8enforcement services under Article X of the Illinois Public Aid
9Code. Unless otherwise ordered by the court at the time fees
10and costs are approved, all fees and costs payable to an
11attorney, guardian ad litem, or child representative under this
12Section are by implication deemed to be in the nature of
13support of the child and are within the exceptions to discharge
14in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections
15501 and 508 of this Act shall apply to fees and costs for
16attorneys appointed under this Section.
17(Source: P.A. 94-640, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
18    (750 ILCS 5/508)  (from Ch. 40, par. 508)
19    Sec. 508. Attorney's Fees; Client's Rights and
20Responsibilities Respecting Fees and Costs.
21    (a) The court from time to time, after due notice and
22hearing, and after considering the financial resources of the
23parties, may order any party to pay a reasonable amount for his
24own or the other party's costs and attorney's fees. Interim
25attorney's fees and costs may be awarded from the opposing

 

 

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1party, in a pre-judgment dissolution proceeding in accordance
2with subsection (c-1) of Section 501 and in any other
3proceeding under this subsection. At the conclusion of any
4pre-judgment dissolution proceeding under this subsection,
5contribution to attorney's fees and costs may be awarded from
6the opposing party in accordance with subsection (j) of Section
7503 and in any other proceeding under this subsection. Fees and
8costs may be awarded in any proceeding to counsel from a former
9client in accordance with subsection (c) of this Section.
10Awards may be made in connection with the following:
11        (1) The maintenance or defense of any proceeding under
12    this Act.
13        (2) The enforcement or modification of any order or
14    judgment under this Act.
15        (3) The defense of an appeal of any order or judgment
16    under this Act, including the defense of appeals of
17    post-judgment orders.
18        (3.1) The prosecution of any claim on appeal (if the
19    prosecuting party has substantially prevailed).
20        (4) The maintenance or defense of a petition brought
21    under Section 2-1401 of the Code of Civil Procedure seeking
22    relief from a final order or judgment under this Act. Fees
23    incurred with respect to motions under Section 2-1401 of
24    the Code of Civil Procedure may be granted only to the
25    party who substantially prevails.
26        (5) The costs and legal services of an attorney

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    If a praecipe has been timely filed, then by timely filed
2written stipulation between counsel and client (or former
3client), the deadline for the filing of a petition may be
4extended for a period of up to one year.
5    (d) A consent judgment, in favor of a current counsel of
6record against his or her own client for a specific amount in a
7marital settlement agreement, dissolution judgment, or any
8other instrument involving the other litigant, is prohibited. A
9consent judgment between client and counsel, however, is
10permissible if it is entered pursuant to a verified petition
11for entry of consent judgment, supported by an affidavit of the
12counsel of record that includes the counsel's representation
13that the client has been provided an itemization of the billing
14or billings to the client, detailing hourly costs, time spent,
15and tasks performed, and by an affidavit of the client
16acknowledging receipt of that documentation, awareness of the
17right to a hearing, the right to be represented by counsel
18(other than counsel to whom the consent judgment is in favor),
19and the right to be present at the time of presentation of the
20petition, and agreement to the terms of the judgment. The
21petition may be filed at any time during which it is
22permissible for counsel of record to file a petition (or a
23praecipe) for a final fee hearing, except that no such petition
24for entry of consent judgment may be filed before adjudication
25(or waiver) of the client's right to contribution under
26subsection (j) of Section 503 or filed after the filing of a

 

 

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1petition (or a praecipe) by counsel of record for a fee hearing
2under subsection (c) if the petition (or praecipe) remains
3pending. No consent security arrangement between a client and a
4counsel of record, pursuant to which assets of a client are
5collateralized to secure payment of legal fees or costs, is
6permissible unless approved in advance by the court as being
7reasonable under the circumstances.
8    (e) Counsel may pursue an award and judgment against a
9former client for legal fees and costs in an independent
10proceeding in the following circumstances:
11        (1) While a case under this Act is still pending, a
12    former counsel may pursue such an award and judgment at any
13    time subsequent to 90 days after the entry of an order
14    granting counsel leave to withdraw; and
15        (2) After the close of the period during which a
16    petition (or praecipe) may be filed under subdivision
17    (c)(5), if no such petition (or praecipe) for the counsel
18    remains pending, any counsel or former counsel may pursue
19    such an award and judgment in an independent proceeding.
20In an independent proceeding, the prior applicability of this
21Section shall in no way be deemed to have diminished any other
22right of any counsel (or former counsel) to pursue an award and
23judgment for legal fees and costs on the basis of remedies that
24may otherwise exist under applicable law; and the limitations
25period for breach of contract shall apply. In an independent
26proceeding under subdivision (e)(1) in which the former counsel

 

 

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1had represented a former client in a dissolution case that is
2still pending, the former client may bring in his or her spouse
3as a third-party defendant, provided on or before the final
4date for filing a petition (or praecipe) under subsection (c),
5the party files an appropriate third-party complaint under
6Section 2-406 of the Code of Civil Procedure. In any such case,
7any judgment later obtained by the former counsel shall be
8against both spouses or ex-spouses, jointly and severally
9(except that, if a hearing under subsection (j) of Section 503
10has already been concluded and the court hearing the
11contribution issue has imposed a percentage allocation between
12the parties as to fees and costs otherwise being adjudicated in
13the independent proceeding, the allocation shall be applied
14without deviation by the court in the independent proceeding
15and a separate judgment shall be entered against each spouse
16for the appropriate amount). After the period for the
17commencement of a proceeding under subsection (c), the
18provisions of this Section (other than the standard set forth
19in subdivision (c)(3) and the terms respecting consent security
20arrangements in subsection (d) of this Section 508) shall be
21inapplicable.
22    The changes made by this amendatory Act of the 94th General
23Assembly are declarative of existing law.
24    (f) Unless the Supreme Court by rule addresses the matters
25set out in this subsection (f), a written engagement agreement
26within the scope of subdivision (c)(2) shall have appended to

 

 

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1it verbatim the following Statement:
 
2
"STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
3    (1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement
4agreement, prepared by the counsel, shall clearly address the
5objectives of representation and detail the fee arrangement,
6including all material terms. If fees are to be based on
7criteria apart from, or in addition to, hourly rates, such
8criteria (e.g., unique time demands and/or utilization of
9unique expertise) shall be delineated. The client shall receive
10a copy of the written engagement agreement and any additional
11clarification requested and is advised not to sign any such
12agreement which the client finds to be unsatisfactory or does
13not understand.
14    (2) REPRESENTATION. Representation will commence upon the
15signing of the written engagement agreement. The counsel will
16provide competent representation, which requires legal
17knowledge, skill, thoroughness and preparation to handle those
18matters set forth in the written engagement agreement. Once
19employed, the counsel will act with reasonable diligence and
20promptness, as well as use his best efforts on behalf of the
21client, but he cannot guarantee results. The counsel will abide
22by the client's decision concerning the objectives of
23representation, including whether or not to accept an offer of
24settlement, and will endeavor to explain any matter to the
25extent reasonably necessary to permit the client to make

 

 

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1informed decisions regarding representation. During the course
2of representation and afterwards, the counsel may not use or
3reveal a client's confidence or secrets, except as required or
4permitted by law.
5    (3) COMMUNICATION. The counsel will keep the client
6reasonably informed about the status of representation and will
7promptly respond to reasonable requests for information,
8including any reasonable request for an estimate respecting
9future costs of the representation or an appropriate portion of
10it. The client shall be truthful in all discussions with the
11counsel and provide all information or documentation required
12to enable the counsel to provide competent representation.
13During representation, the client is entitled to receive all
14pleadings and substantive documents prepared on behalf of the
15client and every document received from any other counsel of
16record. At the end of the representation and on written request
17from the client, the counsel will return to the client all
18original documents and exhibits. In the event that the counsel
19withdraws from representation, or is discharged by the client,
20the counsel will turn over to the substituting counsel (or, if
21no substitutions, to the client) all original documents and
22exhibits together with complete copies of all pleadings and
23discovery within thirty (30) days of the counsel's withdrawal
24or discharge.
25    (4) ETHICAL CONDUCT. The counsel cannot be required to
26engage in conduct which is illegal, unethical, or fraudulent.

 

 

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1In matters involving minor children, the counsel may refuse to
2engage in conduct which, in the counsel's professional
3judgment, would be contrary to the best interest of the
4client's minor child or children. A counsel who cannot
5ethically abide by his client's directions shall be allowed to
6withdraw from representation.
7    (5) FEES. The counsel's fee for services may not be
8contingent upon the securing of a dissolution of marriage or ,
9upon being allocated parental responsibility obtaining
10custody, or be based upon the amount of maintenance, child
11support, or property settlement received, except as
12specifically permitted under Supreme Court rules. The counsel
13may not require a non-refundable retainer fee, but must remit
14back any overpayment at the end of the representation. The
15counsel may enter into a consensual security arrangement with
16the client whereby assets of the client are pledged to secure
17payment of legal fees or costs, but only if the counsel first
18obtains approval of the Court. The counsel will prepare and
19provide the client with an itemized billing statement detailing
20hourly rates (and/or other criteria), time spent, tasks
21performed, and costs incurred on a regular basis, at least
22quarterly. The client should review each billing statement
23promptly and address any objection or error in a timely manner.
24The client will not be billed for time spent to explain or
25correct a billing statement. If an appropriately detailed
26written estimate is submitted to a client as to future costs

 

 

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1for a counsel's representation or a portion of the contemplated
2services (i.e., relative to specific steps recommended by the
3counsel in the estimate) and, without objection from the
4client, the counsel then performs the contemplated services,
5all such services are presumptively reasonable and necessary,
6as well as to be deemed pursuant to the client's direction. In
7an appropriate case, the client may pursue contribution to his
8or her fees and costs from the other party.
9    (6) DISPUTES. The counsel-client relationship is regulated
10by the Illinois Rules of Professional Conduct (Article VIII of
11the Illinois Supreme Court Rules), and any dispute shall be
12reviewed under the terms of such Rules."
13    (g) The changes to this Section 508 made by this amendatory
14Act of 1996 apply to cases pending on or after June 1, 1997,
15except as follows:
16        (1) Subdivisions (c)(1) and (c)(2) of this Section 508,
17    as well as provisions of subdivision (c)(3) of this Section
18    508 pertaining to written engagement agreements, apply
19    only to cases filed on or after June 1, 1997.
20        (2) The following do not apply in the case of a hearing
21    under this Section that began before June 1, 1997:
22            (A) Subsection (c-1) of Section 501.
23            (B) Subsection (j) of Section 503.
24            (C) The changes to this Section 508 made by this
25        amendatory Act of 1996 pertaining to the final setting
26        of fees.

 

 

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1(Source: P.A. 96-583, eff. 1-1-10.)
 
2    (750 ILCS 5/509)  (from Ch. 40, par. 509)
3    Sec. 509. Independence of Provisions of Judgment or
4Temporary Order.) If a party fails to comply with a provision
5of a judgment, order or injunction, the obligation of the other
6party to make payments for support or maintenance or to permit
7visitation or parenting time is not suspended; but he may move
8the court to grant an appropriate order.
9(Source: P.A. 80-923.)
 
10    (750 ILCS 5/510)  (from Ch. 40, par. 510)
11    Sec. 510. Modification and termination of provisions for
12maintenance, support, educational expenses, and property
13disposition.
14    (a) Except as otherwise provided in paragraph (f) of
15Section 502 and in subsection (b), clause (3) of Section 505.2,
16the provisions of any judgment respecting maintenance or
17support may be modified only as to installments accruing
18subsequent to due notice by the moving party of the filing of
19the motion for modification. An order for child support may be
20modified as follows:
21        (1) upon a showing of a substantial change in
22    circumstances; and
23        (2) without the necessity of showing a substantial
24    change in circumstances, as follows:

 

 

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

 

 

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1(a) of Section 504 and the following factors:
2        (1) any change in the employment status of either party
3    and whether the change has been made in good faith;
4        (2) the efforts, if any, made by the party receiving
5    maintenance to become self-supporting, and the
6    reasonableness of the efforts where they are appropriate;
7        (3) any impairment of the present and future earning
8    capacity of either party;
9        (4) the tax consequences of the maintenance payments
10    upon the respective economic circumstances of the parties;
11        (5) the duration of the maintenance payments
12    previously paid (and remaining to be paid) relative to the
13    length of the marriage;
14        (6) the property, including retirement benefits,
15    awarded to each party under the judgment of dissolution of
16    marriage, judgment of legal separation, or judgment of
17    declaration of invalidity of marriage and the present
18    status of the property;
19        (7) the increase or decrease in each party's income
20    since the prior judgment or order from which a review,
21    modification, or termination is being sought;
22        (8) the property acquired and currently owned by each
23    party after the entry of the judgment of dissolution of
24    marriage, judgment of legal separation, or judgment of
25    declaration of invalidity of marriage; and
26        (9) any other factor that the court expressly finds to

 

 

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1    be just and equitable.
2    (a-6) In a review under subsection (b-4.5) of Section 504
3of this Act, the court may enter a fixed-term maintenance award
4that bars future maintenance only if, at the time of the entry
5of the award, the marriage had lasted 10 years or less at the
6time the original action was commenced.
7    (b) The provisions as to property disposition may not be
8revoked or modified, unless the court finds the existence of
9conditions that justify the reopening of a judgment under the
10laws of this State.
11    (c) Unless otherwise agreed by the parties in a written
12agreement set forth in the judgment or otherwise approved by
13the court, the obligation to pay future maintenance is
14terminated upon the death of either party, or the remarriage of
15the party receiving maintenance, or if the party receiving
16maintenance cohabits with another person on a resident,
17continuing conjugal basis. A payor's obligation to pay
18maintenance or unallocated maintenance terminates by operation
19of law on the date the recipient remarries or the date the
20court finds cohabitation began. The payor is entitled to
21reimbursement for all maintenance paid from that date forward.
22Any obligation of a payor party for premium payments respecting
23insurance on such party's life imposed under subsection (f) of
24Section 504 is also terminated on the occurrence of any of the
25foregoing events, unless otherwise agreed by the parties. Any
26termination of an obligation for maintenance as a result of the

 

 

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1death of the payor party, however, shall be inapplicable to any
2right of the other party or such other party's designee to
3receive a death benefit under such insurance on the payor
4party's life. A party receiving maintenance must advise the
5payor of his or her intention to marry at least 30 days before
6the remarriage, unless the decision is made within this time
7period. In that event, he or she must notify the other party
8within 72 hours of getting married.
9    (c-5) In an adjudicated case, the court shall make specific
10factual findings as to the reason for the modification as well
11as the amount, nature, and duration of the modified maintenance
12award.
13    (d) Unless otherwise provided in this Act, or as agreed in
14writing or expressly provided in the judgment, provisions for
15the support of a child are terminated by emancipation of the
16child, or if the child has attained the age of 18 and is still
17attending high school, provisions for the support of the child
18are terminated upon the date that the child graduates from high
19school or the date the child attains the age of 19, whichever
20is earlier, but not by the death of a parent obligated to
21support or educate the child. An existing obligation to pay for
22support or educational expenses, or both, is not terminated by
23the death of a parent. When a parent obligated to pay support
24or educational expenses, or both, dies, the amount of support
25or educational expenses, or both, may be enforced, modified,
26revoked or commuted to a lump sum payment, as equity may

 

 

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1require, and that determination may be provided for at the time
2of the dissolution of the marriage or thereafter.
3    (e) The right to petition for support or educational
4expenses, or both, under Sections 505 and 513 is not
5extinguished by the death of a parent. Upon a petition filed
6before or after a parent's death, the court may award sums of
7money out of the decedent's estate for the child's support or
8educational expenses, or both, as equity may require. The time
9within which a claim may be filed against the estate of a
10decedent under Sections 505 and 513 and subsection (d) and this
11subsection shall be governed by the provisions of the Probate
12Act of 1975, as a barrable, noncontingent claim.
13    (f) A petition to modify or terminate child support or
14allocation of parental responsibilities , custody, or
15visitation shall not delay any child support enforcement
16litigation or supplementary proceeding on behalf of the
17obligee, including, but not limited to, a petition for a rule
18to show cause, for non-wage garnishment, or for a restraining
19order.
20(Source: P.A. 97-608, eff. 1-1-12.)
 
21    (750 ILCS 5/512)  (from Ch. 40, par. 512)
22    Sec. 512. Post-Judgment Venue.) After 30 days from the
23entry of a judgment of dissolution of marriage or legal
24separation or the last modification thereof, any further
25proceedings to enforce or modify the judgment shall be as

 

 

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1follows:
2    (a) If the respondent does not then reside within this
3State, further proceedings shall be had either in the judicial
4circuit wherein the moving party resides or where the judgment
5was entered or last modified.
6    (b) If one or both of the parties then resides in the
7judicial circuit wherein the judgment was entered or last
8modified, further proceedings shall be had in the judicial
9circuit that last exercised jurisdiction in the matter;
10provided, however, that the court may in its discretion,
11transfer matters involving a change in the allocation of
12parental responsibility child custody to the judicial circuit
13where the minor or dependent child resides.
14    (c) If neither party then resides in the judicial circuit
15wherein the judgment was entered or last modified, further
16proceedings shall be had in that circuit or in the judicial
17circuit wherein either party resides or where the respondent is
18actively employed; provided, however, that the court may, in
19its discretion, transfer matters involving a change in the
20allocation of parental responsibility child custody to the
21judicial circuit where the minor or dependent child resides.
22    (d) Objection to venue is waived if not made within such
23time as the respondent's answer is due. Counter relief shall be
24heard and determined by the court hearing any matter already
25pending.
26(Source: P.A. 80-923.)
 

 

 

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1    (750 ILCS 5/513)  (from Ch. 40, par. 513)
2    Sec. 513. Educational Expenses Support for a Non-minor
3Child Children and Educational Expenses.
4    (a) The court may award sums of money out of the property
5and income of either or both parties or the estate of a
6deceased parent, as equity may require, for the educational
7expenses support of any the child or children of the parties.
8Unless otherwise agreed to by the parties, all educational
9expenses which are the subject of a petition brought pursuant
10to this Section shall be incurred no later than the student's
1123rd birthday, except for good cause shown, but in no event
12later than the child's 25th birthday.
13    (b) Regardless of whether an award has been made under
14subsection (a), the court may require both parties and the
15child to complete the Free Application for Federal Student Aid
16(FAFSA) and other financial aid forms and to submit any form of
17that type prior to the designated submission deadline for the
18form. The court may require either or both parties to provide
19funds for the child so as to pay for the cost of up to 5 college
20applications, the cost of 2 standardized college entrance
21examinations, and the cost of one standardized college entrance
22examination preparatory course.
23    (c) The authority under this Section to make provision for
24educational expenses extends not only to periods of college
25education or vocational or professional or other training after

 

 

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1graduation from high school, but also to any period during
2which the child of the parties is still attending high school,
3even though he or she attained the age of 19.
4    (d) Educational expenses may include, but shall not be
5limited to, the following:
6        (1) except for good cause shown, the actual cost of the
7    child's post-secondary expenses, including tuition and
8    fees, provided that the cost for tuition and fees does not
9    exceed the amount of tuition and fees paid by a student at
10    the University of Illinois at Urbana-Champaign for the same
11    academic year;
12        (2) except for good cause shown, the actual costs of
13    the child's housing expenses, whether on-campus or
14    off-campus, provided that the housing expenses do not
15    exceed the cost for the same academic year of a
16    double-occupancy student room, with a standard meal plan,
17    in a residence hall operated by the University of Illinois
18    at Urbana-Champaign;
19        (3) the actual costs of the child's medical expenses,
20    including medical insurance, and dental expenses;
21        (4) the reasonable living expenses of the child during
22    the academic year and periods of recess:
23            (A) if the child is a resident student attending a
24        post-secondary educational program; or
25            (B) if the child is living with one party at that
26        party's home and attending a post-secondary

 

 

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1        educational program as a non-resident student, in
2        which case the living expenses include an amount that
3        pays for the reasonable cost of the child's food,
4        utilities, and transportation; and
5        (5) the cost of books and other supplies necessary to
6    attend college.
7    (e) Sums may be ordered payable to the child, to either
8party, or to the educational institution, directly or through a
9special account or trust created for that purpose, as the court
10sees fit.
11    (f) If educational expenses are ordered payable, each party
12and the child shall sign any consent necessary for the
13educational institution to provide a supporting party with
14access to the child's academic transcripts, records, and grade
15reports. The consent shall not apply to any non-academic
16records. Failure to execute the required consent may be a basis
17for a modification or termination of any order entered under
18this Section. Unless the court specifically finds that the
19child's safety would be jeopardized, each party is entitled to
20know the name of the educational institution the child attends.
21    (g) The authority under this Section to make provision for
22educational expenses terminates when the child either: fails to
23maintain a cumulative "C" grade point average, except in the
24event of illness or other good cause shown; attains the age of
2523; receives a baccalaureate degree; or marries. A child's
26enlisting in the armed forces, being incarcerated, or becoming

 

 

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1pregnant does not terminate the court's authority to make
2provisions for the educational expenses for the child under
3this Section.
4    (h) An account established prior to the dissolution that is
5to be used for the child's post-secondary education, that is an
6account in a state tuition program under Section 529 of the
7Internal Revenue Code, or that is some other college savings
8plan, is to be considered by the court to be a resource of the
9child, provided that any post-judgment contribution made by a
10party to such an account is to be considered a contribution
11from that party.
12    (i) The child is not a third party beneficiary to the
13settlement agreement or judgment between the parties after
14trial and is not entitled to file a petition for contribution.
15If the parties' settlement agreement describes the manner in
16which a child's educational expenses will be paid, or if the
17court makes an award pursuant to this Section, then the parties
18are responsible pursuant to that agreement or award for the
19child's educational expenses, but in no event shall the court
20consider the child a third party beneficiary of that provision.
21In the event of the death or legal disability of a party who
22would have the right to file a petition for contribution, the
23child of the party may file a petition for contribution.
24who have attained majority in the following instances:
25        (1) When the child is mentally or physically disabled
26    and not otherwise emancipated, an application for support

 

 

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1    may be made before or after the child has attained
2    majority.
3        (2) The court may also make provision for the
4    educational expenses of the child or children of the
5    parties, whether of minor or majority age, and an
6    application for educational expenses may be made before or
7    after the child has attained majority, or after the death
8    of either parent. The authority under this Section to make
9    provision for educational expenses extends not only to
10    periods of college education or professional or other
11    training after graduation from high school, but also to any
12    period during which the child of the parties is still
13    attending high school, even though he or she attained the
14    age of 19. The educational expenses may include, but shall
15    not be limited to, room, board, dues, tuition,
16    transportation, books, fees, registration and application
17    costs, medical expenses including medical insurance,
18    dental expenses, and living expenses during the school year
19    and periods of recess, which sums may be ordered payable to
20    the child, to either parent, or to the educational
21    institution, directly or through a special account or trust
22    created for that purpose, as the court sees fit.
23        If educational expenses are ordered payable, each
24    parent and the child shall sign any consents necessary for
25    the educational institution to provide the supporting
26    parent with access to the child's academic transcripts,

 

 

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1    records, and grade reports. The consents shall not apply to
2    any non-academic records. Failure to execute the required
3    consent may be a basis for a modification or termination of
4    any order entered under this Section. Unless the court
5    specifically finds that the child's safety would be
6    jeopardized, each parent is entitled to know the name of
7    the educational institution the child attends. This
8    amendatory Act of the 95th General Assembly applies to all
9    orders entered under this paragraph (2) on or after the
10    effective date of this amendatory Act of the 95th General
11    Assembly.
12        The authority under this Section to make provision for
13    educational expenses, except where the child is mentally or
14    physically disabled and not otherwise emancipated,
15    terminates when the child receives a baccalaureate degree.
16    (j) (b) In making awards under this Section paragraph (1)
17or (2) of subsection (a), or pursuant to a petition or motion
18to decrease, modify, or terminate any such award, the court
19shall consider all relevant factors that appear reasonable and
20necessary, including:
21        (1) The present and future financial resources of both
22    parties to meet their needs, including, but not limited to,
23    savings for retirement The financial resources of both
24    parents.
25        (2) The standard of living the child would have enjoyed
26    had the marriage not been dissolved.

 

 

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1        (3) The financial resources of the child.
2        (4) The child's academic performance.
3    (k) The establishment of an obligation to pay under this
4Section is retroactive only to the date of filing a petition.
5The right to enforce a prior obligation to pay may be enforced
6either before or after the obligation is incurred.
7(Source: P.A. 95-954, eff. 8-29-08.)
 
8    (750 ILCS 5/513.5 new)
9    Sec. 513.5. Support for a non-minor child with a
10disability.
11    (a) The court may award sums of money out of the property
12and income of either or both parties or the estate of a
13deceased parent, as equity may require, for the support of a
14child of the parties who has attained majority when the child
15is mentally or physically disabled and not otherwise
16emancipated. The sums awarded may be paid to one of the
17parents, to a trust created by the parties for the benefit of
18the non-minor child with a disability, or irrevocably to a
19special needs trust, established by the parties and for the
20sole benefit of the non-minor child with a disability, pursuant
21to subdivisions (d)(4)(A) or (d)(4)(C) of 42 U.S.C. 1396p,
22Section 15.1 of the Trusts and Trustees Act, and applicable
23provisions of the Social Security Administration Program
24Operating Manual System. An application for support for a
25non-minor disabled child may be made before or after the child

 

 

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1has attained majority. Unless an application for educational
2expenses is made for a mentally or physically disabled child
3under Section 513, the disability that is the basis for the
4application for support must have arisen while the child was
5eligible for support under Section 505 or 513 of this Act.
6    (b) In making awards under this Section, or pursuant to a
7petition or motion to decrease, modify, or terminate any such
8award, the court shall consider all relevant factors that
9appear reasonable and necessary, including:
10        (1) the present and future financial resources of both
11    parties to meet their needs, including, but not limited to,
12    savings for retirement;
13        (2) the standard of living the child would have enjoyed
14    had the marriage not been dissolved. The court may consider
15    factors that are just and equitable;
16        (3) the financial resources of the child; and
17        (4) any financial or other resource provided to or for
18    the child including, but not limited to, any Supplemental
19    Security Income, any home-based support provided pursuant
20    to the Home-Based Support Services Law for Mentally
21    Disabled Adults, and any other State, federal, or local
22    benefit available to the non-minor disabled child.
23    (c) As used in this Section:
24    A "disabled" individual means an individual who has a
25physical or mental impairment that substantially limits a major
26life activity, has a record of such an impairment, or is

 

 

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

 
7    (750 ILCS 5/600 new)
8    Sec. 600. Definitions. For purposes of this Part VI:
9    (a) "Abuse" has the meaning ascribed to that term in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11    (b) "Allocation judgment" means a judgment allocating
12parental responsibilities.
13    (c) "Caretaking functions" means tasks that involve
14interaction with a child or that direct, arrange, and supervise
15the interaction with and care of a child provided by others, or
16for obtaining the resources allowing for the provision of these
17functions. The term includes, but is not limited to, the
18following:
19        (1) satisfying a child's nutritional needs; managing a
20    child's bedtime and wake-up routines; caring for a child
21    when the child is sick or injured; being attentive to a
22    child's personal hygiene needs, including washing,
23    grooming, and dressing; playing with a child and ensuring
24    the child attends scheduled extracurricular activities;

 

 

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1    protecting a child's physical safety; and providing
2    transportation for a child;
3        (2) directing a child's various developmental needs,
4    including the acquisition of motor and language skills,
5    toilet training, self-confidence, and maturation;
6        (3) providing discipline, giving instruction in
7    manners, assigning and supervising chores, and performing
8    other tasks that attend to a child's needs for behavioral
9    control and self-restraint;
10        (4) ensuring the child attends school, including
11    remedial and special services appropriate to the child's
12    needs and interests, communicating with teachers and
13    counselors, and supervising homework;
14        (5) helping a child develop and maintain appropriate
15    interpersonal relationships with peers, siblings, and
16    other family members;
17        (6) ensuring the child attends medical appointments
18    and is available for medical follow-up and meeting the
19    medical needs of the child in the home;
20        (7) providing moral and ethical guidance for a child;
21    and
22        (8) arranging alternative care for a child by a family
23    member, babysitter, or other child care provider or
24    facility, including investigating such alternatives,
25    communicating with providers, and supervising such care.
26    (d) "Parental responsibilities" means both parenting time

 

 

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1and significant decision-making responsibilities with respect
2to a child.
3    (e) "Parenting time" means the time during which a parent
4is responsible for exercising caretaking functions and
5non-significant decision-making responsibilities with respect
6to the child.
7    (f) "Parenting plan" means a written agreement that
8allocates significant decision-making responsibilities,
9parenting time, or both.
10    (g) "Relocation" means:
11        (1) a change of residence from the child's current
12    primary residence located in the county of Cook, DuPage,
13    Kane, Lake, McHenry, or Will to a new residence within this
14    State that is more than 25 miles from the child's current
15    residence;
16        (2) a change of residence from the child's current
17    primary residence located in a county not listed in
18    paragraph (1) to a new residence within this State that is
19    more than 50 miles from the child's current primary
20    residence; or
21        (3) a change of residence from the child's current
22    primary residence to a residence outside the borders of
23    this State that is more than 25 miles from the current
24    primary residence.
25    (h) "Religious upbringing" means the choice of religion or
26denomination of a religion, religious schooling, religious

 

 

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1training, or participation in religious customs or practices.
2    (i) "Restriction of parenting time" means any limitation or
3condition placed on parenting time, including supervision.
4    (j) "Right of first refusal" has the meaning provided in
5subsection (b) of Section 602.3 of this Act.
6    (k) "Significant decision-making" means deciding issues of
7long-term importance in the life of a child.
8    (l) "Step-parent" means a person married to a child's
9parent, including a person married to the child's parent
10immediately prior to the parent's death.
11    (m) "Supervision" means the presence of a third party
12during a parent's exercise of parenting time.
 
13    (750 ILCS 5/601.2 new)
14    Sec. 601.2. Jurisdiction; commencement of proceeding.
15    (a) A court of this State that is competent to allocate
16parental responsibilities has jurisdiction to make such an
17allocation in original or modification proceedings as provided
18in Section 201 of the Uniform Child-Custody Jurisdiction and
19Enforcement Act as adopted by this State.
20    (b) A proceeding for allocation of parental
21responsibilities with respect to a child is commenced in the
22court:
23        (1) by filing a petition for dissolution of marriage or
24    legal separation or declaration of invalidity of marriage;
25        (2) by filing a petition for allocation of parental

 

 

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1    responsibilities with respect to the child in the county in
2    which the child resides;
3        (3) by a person other than a parent, by filing a
4    petition for allocation of parental responsibilities in
5    the county in which the child is permanently resident or
6    found, but only if he or she is not in the physical custody
7    of one of his or her parents;
8        (4) by a step-parent, by filing a petition, if all of
9    the following circumstances are met:
10            (A) the parent having the majority of parenting
11        time is deceased or is disabled and cannot perform the
12        duties of a parent to the child;
13            (B) the step-parent provided for the care,
14        control, and welfare of the child prior to the
15        initiation of proceedings for allocation of parental
16        responsibilities;
17            (C) the child wishes to live with the step-parent;
18        and
19            (D) it is alleged to be in the best interests and
20        welfare of the child to live with the step-parent as
21        provided in Section 602.5 of this Act; or
22        (5) when one of the parents is deceased, by a
23    grandparent who is a parent or step-parent of a deceased
24    parent, by filing a petition, if one or more of the
25    following existed at the time of the parent's death:
26            (A) the surviving parent had been absent from the

 

 

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1        marital abode for more than one month without the
2        spouse knowing his or her whereabouts;
3            (B) the surviving parent was in State or federal
4        custody; or
5            (C) the surviving parent had: (i) received
6        supervision for or been convicted of any violation of
7        Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
8        11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,
9        19-6, or Article 12 of the Criminal Code of 1961 or the
10        Criminal Code of 2012 directed towards the deceased
11        parent or the child; or (ii) received supervision or
12        been convicted of violating an order of protection
13        entered under Section 217, 218, or 219 of the Illinois
14        Domestic Violence Act of 1986 for the protection of the
15        deceased parent or the child.
16    (c) When a proceeding for allocation of parental
17responsibilities is commenced, the party commencing the action
18must, at least 30 days before any hearing on the petition,
19serve a written notice and a copy of the petition on the
20child's parent, guardian, person currently allocated parental
21responsibilities pursuant to subdivision (b)(4) or (b)(5) of
22Section 601.2, and any person with a pending motion for
23allocation of parental responsibilities with respect to the
24child. Nothing in this Section shall preclude a party in a
25proceeding for allocation of parental responsibilities from
26moving for a temporary order under Section 603.5.
 

 

 

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1    (750 ILCS 5/602.3)
2    Sec. 602.3. Care of minor children; right of first refusal.
3    (a) If the court awards parenting time to both parents
4joint custody under Section 602.1 or visitation rights under
5Section 607 602.7 or 602.8, the court may consider, consistent
6with the best interests interest of the child as defined in
7Section 602.7 Section 602, whether to award to one or both of
8the parties the right of first refusal to provide child care
9for the minor child or children during the other parent's
10normal parenting time, unless the need for child care is
11attributable to an emergency.
12    (b) As used in this Section, "right of first refusal" means
13that if a party intends to leave the minor child or children
14with a substitute child-care provider for a significant period
15of time, that party must first offer the other party an
16opportunity to personally care for the minor child or children.
17The parties may agree to a right of first refusal that is
18consistent with the best interests interest of the minor child
19or children. If there is no agreement and the court determines
20that a right of first refusal is in the best interests interest
21of the minor child or children, the court shall consider and
22make provisions in its order for:
23        (1) the length and kind of child-care requirements
24    invoking the right of first refusal;
25        (2) notification to the other parent and for his or her

 

 

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1    response;
2        (3) transportation requirements; and
3        (4) any other action necessary to protect and promote
4    the best interest of the minor child or children.
5    (c) The right of first refusal may be enforced under
6Section 607.5 607.1 of this Act.
7    (d) The right of first refusal is terminated upon the
8termination of the allocation of parental responsibilities or
9parenting time custody or visitation rights.
10(Source: P.A. 98-462, eff. 1-1-14.)
 
11    (750 ILCS 5/602.5 new)
12    Sec. 602.5. Allocation of parental responsibilities:
13decision-making.
14    (a) Generally. The court shall allocate decision-making
15responsibilities according to the child's best interests.
16Nothing in this Act requires that each parent be allocated
17decision-making responsibilities.
18    (b) Allocation of significant decision-making
19responsibilities. Unless the parents otherwise agree in
20writing on an allocation of significant decision-making
21responsibilities, or the issue of the allocation of parental
22responsibilities has been reserved under Section 401, the court
23shall make the determination. The court shall allocate to one
24or both of the parents the significant decision-making
25responsibility for each significant issue affecting the child.

 

 

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1Those significant issues shall include, without limitation,
2the following:
3        (1) Education, including the choice of schools and
4    tutors.
5        (2) Health, including all decisions relating to the
6    medical, dental, and psychological needs of the child and
7    to the treatments arising or resulting from those needs.
8        (3) Religion, subject to the following provisions:
9            (A) The court shall allocate decision-making
10        responsibility for the child's religious upbringing in
11        accordance with any express or implied agreement
12        between the parents.
13            (B) The court shall consider evidence of the
14        parents' past conduct as to the child's religious
15        upbringing in allocating decision-making
16        responsibilities consistent with demonstrated past
17        conduct in the absence of an express or implied
18        agreement between the parents.
19            (C) The court shall not allocate any aspect of the
20        child's religious upbringing if it determines that the
21        parents do not or did not have an express or implied
22        agreement for such religious upbringing or that there
23        is insufficient evidence to demonstrate a course of
24        conduct regarding the child's religious upbringing
25        that could serve as a basis for any such order.
26        (4) Extracurricular activities.

 

 

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1    (c) Determination of child's best interests. In
2determining the child's best interests for purposes of
3allocating significant decision-making responsibilities, the
4court shall consider all relevant factors, including, without
5limitation, the following:
6        (1) the wishes of the child, taking into account the
7    child's maturity and ability to express reasoned and
8    independent preferences as to decision-making;
9        (2) the child's adjustment to his or her home, school,
10    and community;
11        (3) the mental and physical health of all individuals
12    involved;
13        (4) the ability of the parents to cooperate to make
14    decisions, or the level of conflict between the parties
15    that may affect their ability to share decision-making;
16        (5) the level of each parent's participation in past
17    significant decision-making with respect to the child;
18        (6) any prior agreement or course of conduct between
19    the parents relating to decision-making with respect to the
20    child;
21        (7) the wishes of the parents;
22        (8) the child's needs;
23        (9) the distance between the parents' residences, the
24    cost and difficulty of transporting the child, each
25    parent's and the child's daily schedules, and the ability
26    of the parents to cooperate in the arrangement;

 

 

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1        (10) whether a restriction on decision-making is
2    appropriate under Section 603.10;
3        (11) the willingness and ability of each parent to
4    facilitate and encourage a close and continuing
5    relationship between the other parent and the child;
6        (12) the physical violence or threat of physical
7    violence by the child's parent directed against the child;
8        (13) the occurrence of abuse against the child or other
9    member of the child's household;
10        (14) whether one of the parents is a sex offender, and
11    if so, the exact nature of the offense and what, if any,
12    treatment in which the parent has successfully
13    participated; and
14        (15) any other factor that the court expressly finds to
15    be relevant.
16    (d) A parent shall have sole responsibility for making
17routine decisions with respect to the child and for emergency
18decisions affecting the child's health and safety during that
19parent's parenting time.
20    (e) In allocating significant decision-making
21responsibilities, the court shall not consider conduct of a
22parent that does not affect that parent's relationship to the
23child.
 
24    (750 ILCS 5/602.7 new)
25    Sec. 602.7. Allocation of parental responsibilities:

 

 

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

 

 

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1    the parents relating to caretaking functions with respect
2    to the child;
3        (5) the interaction and interrelationship of the child
4    with his or her parents and siblings and with any other
5    person who may significantly affect the child's best
6    interests;
7        (6) the child's adjustment to his or her home, school,
8    and community;
9        (7) the mental and physical health of all individuals
10    involved;
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 parenting time is
17    appropriate;
18        (11) the physical violence or threat of physical
19    violence by the child's parent directed against the child
20    or other member of the child's household;
21        (12) the willingness and ability of each parent to
22    place the needs of the child ahead of his or her own needs;
23        (13) the willingness and ability of each parent to
24    facilitate and encourage a close and continuing
25    relationship between the other parent and the child;
26        (14) the occurrence of abuse against the child or other

 

 

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1    member of the child's household;
2        (15) whether one of the parents is a convicted sex
3    offender or lives with a convicted sex offender and, if so,
4    the exact nature of the offense and what if any treatment
5    the offender has successfully participated in; the parties
6    are entitled to a hearing on the issues raised in this
7    paragraph (15);
8        (16) the terms of a parent's military family-care plan
9    that a parent must complete before deployment if a parent
10    is a member of the United States Armed Forces who is being
11    deployed; and
12        (17) any other factor that the court expressly finds to
13    be relevant.
14    (c) In allocating parenting time, the court shall not
15consider conduct of a parent that does not affect that parent's
16relationship to the child.
17    (d) Upon motion, the court may allow a parent who is
18deployed or who has orders to be deployed as a member of the
19United States Armed Forces to designate a person known to the
20child to exercise reasonable substitute visitation on behalf of
21the deployed parent, if the court determines that substitute
22visitation is in the best interests of the child. In
23determining whether substitute visitation is in the best
24interests of the child, the court shall consider all of the
25relevant factors listed in subsection (b) of this Section and
26apply those factors to the person designated as a substitute

 

 

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1for the deployed parent for visitation purposes. Visitation
2orders entered under this subsection are subject to subsections
3(e) and (f) of Section 602.9 and subsections (c) and (d) of
4Section 603.10.
5    (e) If the street address of a parent is not identified
6pursuant to Section 708 of this Act, the court shall require
7the parties to identify reasonable alternative arrangements
8for parenting time by the other parent including, but not
9limited to, parenting time of the minor child at the residence
10of another person or at a local public or private facility.
 
11    (750 ILCS 5/602.8 new)
12    Sec. 602.8. Parenting time by parents not allocated
13significant decision-making responsibilities.
14    (a) A parent who has established parentage under the laws
15of this State and who is not granted significant
16decision-making responsibilities for a child is entitled to
17reasonable parenting time with the child, subject to
18subsections (d) and (e) of Section 603.10 of this Act, unless
19the court finds, after a hearing, that the parenting time would
20seriously endanger the child's mental, moral, or physical
21health or significantly impair the child's emotional
22development. The order setting forth parenting time shall be in
23the child's best interests pursuant to the factors set forth in
24subsection (b) of Section 602.7 of this Act.
25    (b) The court may modify an order granting or denying

 

 

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1parenting time pursuant to Section 610.5 of this Act. The court
2may restrict parenting time, and modify an order restricting
3parenting time, pursuant to Section 603.10 of this Act.
4    (c) If the street address of the parent allocated parental
5responsibilities is not identified, pursuant to Section 708 of
6this Act, the court shall require the parties to identify
7reasonable alternative arrangements for parenting time by a
8parent not allocated parental responsibilities, including but
9not limited to parenting time of the minor child at the
10residence of another person or at a local public or private
11facility.
 
12    (750 ILCS 5/602.9 new)
13    Sec. 602.9. Visitation by certain non-parents.
14    (a) As used in this Section:
15        (1) "electronic communication" means time that a
16    grandparent, great-grandparent, sibling, or step-parent
17    spends with a child during which the child is not in the
18    person's actual physical custody, but which is facilitated
19    by the use of communication tools such as the telephone,
20    electronic mail, instant messaging, video conferencing or
21    other wired or wireless technologies via the Internet, or
22    another medium of communication;
23        (2) "sibling" means a brother or sister either of the
24    whole blood or the half blood, stepbrother, or stepsister
25    of the minor child;

 

 

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1        (3) "step-parent" means a person married to a child's
2    parent, including a person married to the child's parent
3    immediately prior to the parent's death; and
4        (4) "visitation" means in-person time spent between a
5    child and the child's grandparent, great-grandparent,
6    sibling, step-parent, or any person designated under
7    subsection (d) of Section 602.7. In appropriate
8    circumstances, visitation may include electronic
9    communication under conditions and at times determined by
10    the court.
11    (b) General provisions.
12        (1) An appropriate person, as identified in subsection
13    (c) of this Section, may bring an action in circuit court
14    by petition, or by filing a petition in a pending
15    dissolution proceeding or any other proceeding that
16    involves parental responsibilities or visitation issues
17    regarding the child, requesting visitation with the child
18    pursuant to this Section. If there is not a pending
19    proceeding involving parental responsibilities or
20    visitation with the child, the petition for visitation with
21    the child must be filed in the county in which the child
22    resides. Notice of the petition shall be given as provided
23    in subsection (c) of Section 601.2 of this Act.
24        (2) This Section does not apply to a child:
25            (A) in whose interests a petition is pending under
26        Section 2-13 of the Juvenile Court Act of 1987; or

 

 

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1            (B) in whose interests a petition to adopt by an
2        unrelated person is pending under the Adoption Act; or
3            (C) who has been voluntarily surrendered by the
4        parent or parents, except for a surrender to the
5        Department of Children and Family Services or a foster
6        care facility; or
7            (D) who has been previously adopted by an
8        individual or individuals who are not related to the
9        biological parents of the child or who is the subject
10        of a pending adoption petition by an individual or
11        individuals who are not related to the biological
12        parents of the child; or
13            (E) who has been relinquished pursuant to the
14        Abandoned Newborn Infant Protection Act.
15        (3) A petition for visitation may be filed under this
16    Section only if there has been an unreasonable denial of
17    visitation by a parent and the denial has caused the child
18    undue mental, physical, or emotional harm.
19        (4) There is a rebuttable presumption that a fit
20    parent's actions and decisions regarding grandparent,
21    great-grandparent, sibling, or step-parent visitation are
22    not harmful to the child's mental, physical, or emotional
23    health. The burden is on the party filing a petition under
24    this Section to prove that the parent's actions and
25    decisions regarding visitation will cause undue harm to the
26    child's mental, physical, or emotional health.

 

 

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1        (5) In determining whether to grant visitation, the
2    court shall consider the following:
3            (A) the wishes of the child, taking into account
4        the child's maturity and ability to express reasoned
5        and independent preferences as to visitation;
6            (B) the mental and physical health of the child;
7            (C) the mental and physical health of the
8        grandparent, great-grandparent, sibling, or
9        step-parent;
10            (D) the length and quality of the prior
11        relationship between the child and the grandparent,
12        great-grandparent, sibling, or step-parent;
13            (E) the good faith of the party in filing the
14        petition;
15            (F) the good faith of the person denying
16        visitation;
17            (G) the quantity of the visitation time requested
18        and the potential adverse impact that visitation would
19        have on the child's customary activities;
20            (H) any other fact that establishes that the loss
21        of the relationship between the petitioner and the
22        child is likely to unduly harm the child's mental,
23        physical, or emotional health; and
24            (I) whether visitation can be structured in a way
25        to minimize the child's exposure to conflicts between
26        the adults.

 

 

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1        (6) Any visitation rights granted under this Section
2    before the filing of a petition for adoption of the child
3    shall automatically terminate by operation of law upon the
4    entry of an order terminating parental rights or granting
5    the adoption of the child, whichever is earlier. If the
6    person or persons who adopted the child are related to the
7    child, as defined by Section 1 of the Adoption Act, any
8    person who was related to the child as grandparent,
9    great-grandparent, or sibling prior to the adoption shall
10    have standing to bring an action under this Section
11    requesting visitation with the child.
12        (7) The court may order visitation rights for the
13    grandparent, great-grandparent, sibling, or step-parent
14    that include reasonable access without requiring overnight
15    or possessory visitation.
16    (c) Visitation by grandparents, great-grandparents,
17step-parents, and siblings.
18        (1) Grandparents, great-grandparents, step-parents,
19    and siblings of a minor child who is one year old or older
20    may bring a petition for visitation and electronic
21    communication under this Section if there is an
22    unreasonable denial of visitation by a parent that causes
23    undue mental, physical, or emotional harm to the child and
24    if at least one of the following conditions exists:
25            (A) the child's other parent is deceased or has
26        been missing for at least 90 days. For the purposes of

 

 

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1        this subsection a parent is considered to be missing if
2        the parent's location has not been determined and the
3        parent has been reported as missing to a law
4        enforcement agency; or
5            (B) a parent of the child is incompetent as a
6        matter of law; or
7            (C) a parent has been incarcerated in jail or
8        prison for a period in excess of 90 days immediately
9        prior to the filing of the petition; or
10            (D) the child's parents have been granted a
11        dissolution of marriage or have been legally separated
12        from each other or there is pending a dissolution
13        proceeding involving a parent of the child or another
14        court proceeding involving parental responsibilities
15        or visitation of the child (other than an adoption
16        proceeding of an unrelated child, a proceeding under
17        Article II of the Juvenile Court Act of 1987, or an
18        action for an order of protection under the Illinois
19        Domestic Violence Act of 1986 or Article 112A of the
20        Code of Criminal Procedure of 1963) and at least one
21        parent does not object to the grandparent,
22        great-grandparent, step-parent, or sibling having
23        visitation with the child. The visitation of the
24        grandparent, great-grandparent, step-parent, or
25        sibling must not diminish the parenting time of the
26        parent who is not related to the grandparent,

 

 

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1        great-grandparent, step-parent, or sibling seeking
2        visitation; or
3            (E) the child is born to parents who are not
4        married to each other, the parents are not living
5        together, and the petitioner is a grandparent,
6        great-grandparent, step-parent, or sibling of the
7        child, and parentage has been established by a court of
8        competent jurisdiction.
9        (2) In addition to the factors set forth in subdivision
10    (b)(5) of this Section, the court should consider:
11            (A) whether the child resided with the petitioner
12        for at least 6 consecutive months with or without a
13        parent present;
14            (B) whether the child had frequent and regular
15        contact or visitation with the petitioner for at least
16        12 consecutive months; and
17            (C) whether the grandparent, great-grandparent,
18        sibling, or step-parent was a primary caretaker of the
19        child for a period of not less than 6 consecutive
20        months within the 24-month period immediately
21        preceding the commencement of the proceeding.
22        (3) An order granting visitation privileges under this
23    Section is subject to subsections (c) and (d) of Section
24    603.10.
25        (4) A petition for visitation privileges may not be
26    filed pursuant to this subsection (c) by the parents or

 

 

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1    grandparents of a parent of the child if parentage between
2    the child and the related parent has not been legally
3    established.
4    (d) Modification of visitation orders.
5        (1) Unless by stipulation of the parties, no motion to
6    modify a grandparent, great-grandparent, sibling, or
7    step-parent visitation order may be made earlier than 2
8    years after the date the order was filed, unless the court
9    permits it to be made on the basis of affidavits that there
10    is reason to believe the child's present environment may
11    endanger seriously the child's mental, physical, or
12    emotional health.
13        (2) The court shall not modify an order that grants
14    visitation to a grandparent, great-grandparent, sibling,
15    or step-parent unless it finds by clear and convincing
16    evidence, upon the basis of facts that have arisen since
17    the prior visitation order or that were unknown to the
18    court at the time of entry of the prior visitation order,
19    that a change has occurred in the circumstances of the
20    child or his or her parent, and that the modification is
21    necessary to protect the mental, physical, or emotional
22    health of the child. The court shall state in its decision
23    specific findings of fact in support of its modification or
24    termination of the grandparent, great-grandparent,
25    sibling, or step-parent visitation. A child's parent may
26    always petition to modify visitation upon changed

 

 

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1    circumstances when necessary to promote the child's best
2    interests.
3        (3) Notice of a motion requesting modification of a
4    visitation order shall be provided as set forth in
5    subsection (c) of Section 601.2 of this Act.
6        (4) Attorney's fees and costs shall be assessed against
7    a party seeking modification of the visitation order if the
8    court finds that the modification action is vexatious and
9    constitutes harassment.
10    (e) No child's grandparent, great-grandparent, sibling, or
11step-parent, or any person to whom the court is considering
12granting visitation privileges pursuant to subsection (d) of
13Section 602.7, who was convicted of any offense involving an
14illegal sex act perpetrated upon a victim less than 18 years of
15age including, but not limited to, offenses for violations of
16Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
17or Article 12 of the Criminal Code of 1961 or the Criminal Code
18of 2012, is entitled to visitation while incarcerated or while
19on parole, probation, conditional discharge, periodic
20imprisonment, or mandatory supervised release for that
21offense, and upon discharge from incarceration for a
22misdemeanor offense or upon discharge from parole, probation,
23conditional discharge, periodic imprisonment, or mandatory
24supervised release for a felony offense. Visitation shall be
25denied until the person successfully completes a treatment
26program approved by the court. Upon completion of treatment,

 

 

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1the court may deny visitation based on the factors listed in
2subdivision (b)(5) of Section 607 of this Act.
3    (f) 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 (d) of
6Section 602.7, may be granted visitation if he or she has been
7convicted of first degree murder of a parent, grandparent,
8great-grandparent, or sibling of the child who is the subject
9of the visitation request. Pursuant to a motion to modify
10visitation, the court shall revoke visitation rights
11previously granted to any person who would otherwise be
12entitled to petition for visitation rights under this Section
13or granted visitation under subsection (d) of Section 602.7, if
14the person has been convicted of first degree murder of a
15parent, grandparent, great-grandparent, or sibling of the
16child who is the subject of the visitation order. Until an
17order is entered pursuant to this subsection, no person may
18visit, with the child present, a person who has been convicted
19of first degree murder of the parent, grandparent,
20great-grandparent, or sibling of the child without the consent
21of the child's parent, other than a parent convicted of first
22degree murder as set forth herein, or legal guardian.
 
23    (750 ILCS 5/602.10 new)
24    Sec. 602.10. Parenting plan.
25    (a) Filing of parenting plan. All parents, within 120 days

 

 

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1after service or filing of any petition for allocation of
2parental responsibilities, must file with the court, either
3jointly or separately, a proposed parenting plan. The time
4period for filing a parenting plan may be extended by the court
5for good cause shown.
6    (b) No parenting plan filed. In the absence of filing of
7one or more parenting plans, the court must conduct an
8evidentiary hearing to allocate parental responsibilities.
9    (c) Mediation. The court shall order mediation to assist
10the parents in formulating or modifying a parenting plan or in
11implementing a parenting plan unless the court determines that
12impediments to mediation exist. Costs under this subsection
13shall be allocated between the parties pursuant to the
14applicable statute or Supreme Court Rule.
15    (d) Parents' agreement on parenting plan. The parenting
16plan must be in writing and signed by both parents. The parents
17must submit the parenting plan to the court for approval within
18120 days after service of a petition for allocation of parental
19responsibilities or the filing of an appearance, except for
20good cause shown. Notwithstanding the provisions above, the
21parents may agree upon and submit a parenting plan at any time
22after the commencement of a proceeding until prior to the entry
23of a judgment of dissolution of marriage. The agreement is
24binding upon the court unless it finds, after considering the
25circumstances of the parties and any other relevant evidence
26produced by the parties, that the agreement is unconscionable.

 

 

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1If the court does not approve the parenting plan, the court
2shall make express findings of the reason or reasons for its
3refusal to approve the plan. The court, on its own motion, may
4conduct an evidentiary hearing to determine whether the
5parenting plan is in the child's best interests.
6    (e) Parents cannot agree on parenting plan. When parents
7fail to submit an agreed parenting plan, each parent must file
8and submit a written, signed parenting plan to the court within
9120 days after the filing of an appearance, except for good
10cause shown. The court's determination of parenting time should
11be based on the child's best interests. The filing of the plan
12may be excused by the court if:
13        (1) the parties have commenced mediation for the
14    purpose of formulating a parenting plan; or
15        (2) the parents have agreed in writing to extend the
16    time for filing a proposed plan and the court has approved
17    such an extension; or
18        (3) the court orders otherwise for good cause shown.
19    (f) Parenting plan contents. At a minimum, a parenting plan
20must set forth the following:
21        (1) an allocation of significant decision-making
22    responsibilities;
23        (2) provisions for the child's living arrangements and
24    for each parent's parenting time, including either:
25            (A) a schedule that designates in which parent's
26        home the minor child will reside on given days; or

 

 

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1            (B) a formula or method for determining such a
2        schedule in sufficient detail to be enforced in a
3        subsequent proceeding;
4        (3) a mediation provision addressing any proposed
5    reallocation of parenting time or regarding the terms of
6    allocation of parental responsibilities, except that this
7    provision is not required if one parent is allocated all
8    significant decision-making responsibilities;
9        (4) each parent's right of access to medical, dental,
10    and psychological records (subject to the Mental Health and
11    Developmental Disabilities Confidentiality Act), child
12    care records, and school and extracurricular records,
13    reports, and schedules, unless expressly denied by a court
14    order or denied under subsection (g) of Section 602.5;
15        (5) a designation of the parent who will be denominated
16    as the parent with the majority of parenting time for
17    purposes of Section 606.10;
18        (6) the child's residential address for school
19    enrollment purposes only;
20        (7) each parent's residence address and phone number,
21    and each parent's place of employment and employment
22    address and phone number;
23        (8) a requirement that a parent changing his or her
24    residence provide at least 60 days prior written notice of
25    the change to any other parent under the parenting plan or
26    allocation judgment, unless such notice is impracticable

 

 

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1    or unless otherwise ordered by the court. If such notice is
2    impracticable, written notice shall be given at the
3    earliest date practicable. At a minimum, the notice shall
4    set forth the following:
5            (A) the intended date of the change of residence;
6        and
7            (B) the address of the new residence;
8        (9) provisions requiring each parent to notify the
9    other of emergencies, health care, travel plans, or other
10    significant child-related issues;
11        (10) transportation arrangements between the parents;
12        (11) provisions for communications, including
13    electronic communications, with the child during the other
14    parent's parenting time;
15        (12) provisions for resolving issues arising from a
16    parent's future relocation, if applicable;
17        (13) provisions for future modifications of the
18    parenting plan, if specified events occur;
19        (14) provisions for the exercise of the right of first
20    refusal, if so desired, that are consistent with the best
21    interests of the minor child; provisions in the plan for
22    the exercise of the right of first refusal must include:
23            (i) the length and kind of child-care requirements
24        invoking the right of first refusal;
25            (ii) notification to the other parent and for his
26        or her response;

 

 

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1            (iii) transportation requirements; and
2            (iv) any other provision related to the exercise of
3        the right of first refusal necessary to protect and
4        promote the best interests of the minor child; and
5        (15) any other provision that addresses the child's
6    best interests or that will otherwise facilitate
7    cooperation between the parents.
8    The personal information under items (6), (7), and (8) of
9this subsection is not required if there is evidence of or the
10parenting plan states that there is a history of domestic
11violence or abuse, or it is shown that the release of the
12information is not in the child's or parent's best interests.
13    (g) The court shall conduct a trial or hearing to determine
14a plan which maximizes the child's relationship and access to
15both parents and shall ensure that the access and the overall
16plan are in the best interests of the child. The court shall
17take the parenting plans into consideration when determining
18parenting time and responsibilities at trial or hearing.
19    (h) The court may consider, consistent with the best
20interests of the child as defined in Section 602.7 of this Act,
21whether to award to one or both of the parties the right of
22first refusal in accordance with Section 602.3 of this Act.
 
23    (750 ILCS 5/602.11 new)
24    Sec. 602.11. Access to health care, child care, and school
25records by parents.

 

 

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1    (a) Notwithstanding any other provision of law, access to
2records and information pertaining to a child including, but
3not limited to, medical, dental, child care, and school records
4shall not be denied to a parent for the reason that such parent
5has not been allocated parental responsibility. A parent who is
6not allocated parenting time (not denied parental
7responsibility) is not entitled to access to the child's school
8or health care records unless a court finds that it is in the
9child's best interests to provide those records to the parent.
10    (b) Health care professionals and health care providers
11shall grant access to health care records and information
12pertaining to a child to both parents, unless the health care
13professional or health care provider receives a court order or
14judgment that denies access to a specific individual. Except as
15may be provided by court order, no parent who is a named
16respondent in an order of protection issued pursuant to the
17Illinois Domestic Violence Act of 1986 or the Code of Criminal
18Procedure of 1963 shall have access to the health care records
19of a child who is a protected person under the order of
20protection provided the health care professional or health care
21provider has received a copy of the order of protection. Access
22to health care records is denied under this Section for as long
23as the order of protection remains in effect as specified in
24the order of protection or as otherwise determined by court
25order.
 

 

 

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1    (750 ILCS 5/603.5 new)
2    Sec. 603.5. Temporary orders.
3    (a) A court may order a temporary allocation of parental
4responsibilities in the child's best interests before the entry
5of a final allocation judgment. Any temporary allocation shall
6be made in accordance with the standards set forth in Sections
7602.5 and 602.7: (i) after a hearing; or (ii) if there is no
8objection, on the basis of a parenting plan that, at a minimum,
9complies with subsection (f) of Section 602.10.
10    (b) A temporary order allocating parental responsibilities
11shall be deemed vacated when the action in which it was granted
12is dismissed, unless a parent moves to continue the action for
13allocation of parental responsibilities filed under Section
14601.5.
 
15    (750 ILCS 5/603.10 new)
16    Sec. 603.10. Restriction of parental responsibilities.
17    (a) After a hearing, if the court finds by a preponderance
18of the evidence that a parent engaged in any conduct that
19seriously endangered the child's mental, moral, or physical
20health or that significantly impaired the child's emotional
21development, the court shall enter orders as necessary to
22protect the child. Such orders may include, but are not limited
23to, orders for one or more of the following:
24        (1) a reduction, elimination, or other adjustment of
25    the parent's decision-making responsibilities or parenting

 

 

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1    time, or both decision-making responsibilities and
2    parenting time;
3        (2) supervision, including ordering the Department of
4    Children and Family Services to exercise continuing
5    supervision under Section 5 of the Children and Family
6    Services Act;
7        (3) requiring the exchange of the child between the
8    parents through an intermediary or in a protected setting;
9        (4) restraining a parent's communication with or
10    proximity to the other parent or the child;
11        (5) requiring a parent to abstain from possessing or
12    consuming alcohol or non-prescribed drugs while exercising
13    parenting time with the child and within a specified period
14    immediately preceding the exercise of parenting time;
15        (6) restricting the presence of specific persons while
16    a parent is exercising parenting time with the child;
17        (7) requiring a parent to post a bond to secure the
18    return of the child following the parent's exercise of
19    parenting time or to secure other performance required by
20    the court;
21        (8) requiring a parent to complete a treatment program
22    for perpetrators of abuse, for drug or alcohol abuse, or
23    for other behavior that is the basis for restricting
24    parental responsibilities under this Section; and
25        (9) any other constraints or conditions that the court
26    deems necessary to provide for the child's safety or

 

 

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

 

 

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1that parent or other person is found to have knowingly used his
2or her parenting time or visitation to facilitate contact
3between the child and a parent who has been barred from contact
4with the child or to have knowingly used his or her parenting
5time or visitation to facilitate contact with the child that
6violates any restrictions imposed on a parent's parenting time
7by a court of competent jurisdiction. Nothing in this
8subsection limits a court's authority to enforce its orders in
9any other manner authorized by law.
10    (d) If parenting time of a parent is restricted, an order
11granting visitation to a non-parent with a child or an order
12granting parenting time to the other parent shall contain the
13following language:
14        "If a person granted parenting time or visitation under
15    this order uses that time to facilitate contact between the
16    child and a parent whose parenting time is restricted, or
17    if such a person violates any restrictions placed on
18    parenting time or visitation by the court, the parenting
19    time or visitation granted under this order shall be
20    revoked until further order of court."
21    (e) A parent who, after a hearing, is determined by the
22court to have been convicted of any offense involving an
23illegal sex act perpetrated upon a victim less than 18 years of
24age, including but not limited to an offense under Article 11
25of the Criminal Code of 2012, is not entitled to parenting time
26while incarcerated or while on parole, probation, conditional

 

 

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1discharge, periodic imprisonment, or mandatory supervised
2release for a felony offense, until the parent complies with
3such terms and conditions as the court determines are in the
4child's best interests, taking into account the exact nature of
5the offense and what, if any, treatment in which the parent
6successfully participated.
7    (f) A parent may not, while the child is present, visit any
8person granted visitation or parenting time who has been
9convicted of first degree murder, unless the court finds, after
10considering all relevant factors, including those set forth in
11subsection (b) of Section 602.7, that it would be in the
12child's best interests to allow the child to be present during
13such a visit.
 
14    (750 ILCS 5/604.10 new)
15    Sec. 604.10. Interviews; evaluations; investigation.
16    (a) Court's interview of child. The court may interview the
17child in chambers to ascertain the child's wishes as to the
18allocation of parental responsibilities. Counsel shall be
19present at the interview unless otherwise agreed upon by the
20parties. The entire interview shall be recorded by a court
21reporter. The transcript of the interview shall be filed under
22seal and released only upon order of the court. The cost of the
23court reporter and transcript shall be paid by the court.
24    (b) Court's professional. The court may seek the advice of
25any professional, whether or not regularly employed by the

 

 

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1court, to assist the court in determining the child's best
2interests. The advice to the court shall be in writing and sent
3by the professional to counsel for the parties and to the
4court, under seal. The writing may be admitted into evidence
5without testimony from its author, unless a party objects. A
6professional consulted by the court shall testify as the
7court's witness and be subject to cross-examination. The court
8shall order all costs and fees of the professional to be paid
9by one or more of the parties, subject to reallocation in
10accordance with subsection (a) of Section 508.
11    The professional's report must, at a minimum, set forth the
12following:
13        (1) a description of the procedures employed during the
14    evaluation;
15        (2) a report of the data collected;
16        (3) all test results;
17        (4) any conclusions of the professional relating to the
18    allocation of parental responsibilities under Sections
19    602.5 and 602.7;
20        (5) any recommendations of the professional concerning
21    the allocation of parental responsibilities or the child's
22    relocation; and
23        (6) an explanation of any limitations in the evaluation
24    or any reservations of the professional regarding the
25    resulting recommendations.
26    The professional shall send his or her report to all

 

 

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1attorneys of record, and to any party not represented, at least
260 days before the hearing on the allocation of parental
3responsibilities. The court shall examine and consider the
4professional's report only after it has been admitted into
5evidence or after the parties have waived their right to
6cross-examine the professional.
7    (c) Evaluation by a party's retained professional. In a
8proceeding to allocate parental responsibilities or to
9relocate a child, upon notice and motion made by a parent or
10any party to the litigation within a reasonable time before
11trial, the court shall order an evaluation to assist the court
12in determining the child's best interests unless the court
13finds that an evaluation under this Section is untimely or not
14in the best interests of the child. The evaluation may be in
15place of or in addition to any advice given to the court by a
16professional under subsection (b). A motion for an evaluation
17under this subsection must, at a minimum, identify the proposed
18evaluator and the evaluator's specialty or discipline. An order
19for an evaluation under this subsection must set forth the
20evaluator's name, address, and telephone number and the time,
21place, conditions, and scope of the evaluation. No person shall
22be required to travel an unreasonable distance for the
23evaluation. The party requesting the evaluation shall pay the
24evaluator's fees and costs unless otherwise ordered by the
25court.
26    The evaluator'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    evaluation;
4        (2) a report of the data collected;
5        (3) all test results;
6        (4) any conclusions of the evaluator relating to the
7    allocation of parental responsibilities under Sections
8    602.5 and 602.7;
9        (5) any recommendations of the evaluator concerning
10    the allocation of parental responsibilities or the child's
11    relocation; and
12        (6) an explanation of any limitations in the evaluation
13    or any reservations of the evaluator regarding the
14    resulting recommendations.
15    A party who retains a professional to conduct an evaluation
16under this subsection shall cause the evaluator's written
17report to be sent to the attorneys of record no less than 60
18days before the hearing on the allocation of parental
19responsibilities, unless otherwise ordered by the court; if a
20party fails to comply with this provision, the court may not
21admit the evaluator's report into evidence and may not allow
22the evaluator to testify.
23    The party calling an evaluator to testify at trial shall
24disclose the evaluator as a controlled expert witness in
25accordance with the Supreme Court Rules.
26    Any party to the litigation may call the evaluator as a

 

 

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1witness. That party shall pay the evaluator's fees and costs
2for testifying, unless otherwise ordered by the court.
3    (d) Investigation. Upon notice and a motion by a parent or
4any party to the litigation, or upon the court's own motion,
5the court may order an investigation and report to assist the
6court in allocating parental responsibilities. The
7investigation may be made by any agency, private entity, or
8individual deemed appropriate by the court. The agency, private
9entity, or individual appointed by the court must have
10expertise in the area of allocation of parental
11responsibilities. The court shall specify the purpose and scope
12of the investigation.
13    The investigator's report must, at a minimum, set forth the
14following:
15        (1) a description of the procedures employed during the
16    investigation;
17        (2) a report of the data collected;
18        (3) all test results;
19        (4) any conclusions of the investigator relating to the
20    allocation of parental responsibilities under Sections
21    602.5 and 602.7;
22        (5) any recommendations of the investigator concerning
23    the allocation of parental responsibilities or the child's
24    relocation; and
25        (6) an explanation of any limitations in the
26    investigation or any reservations of the investigator

 

 

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1    regarding the resulting recommendations.
2    The investigator shall send his or her report to all
3attorneys of record, and to any party not represented, at least
460 days before the hearing on the allocation of parental
5responsibilities. The court shall examine and consider the
6investigator's report only after it has been admitted into
7evidence or after the parties have waived their right to
8cross-examine the investigator.
9    The investigator shall make available to all attorneys of
10record, and to any party not represented, the investigator's
11file, and the names and addresses of all persons whom the
12investigator has consulted, except that if such disclosure
13would risk abuse to the party or any member of the party's
14immediate family or household or reveal the confidential
15address of a shelter for domestic violence victims, that
16address may be omitted from the report. Any party to the
17proceeding may call the investigator, or any person consulted
18by the investigator as a court's witness, for
19cross-examination. No fees shall be paid for any investigation
20by a governmental agency. The fees incurred by any other
21investigator shall be allocated in accordance with Section 508.
 
22    (750 ILCS 5/606.5 new)
23    Sec. 606.5. Hearings.
24    (a) Proceedings to allocate parental responsibilities
25shall receive priority in being set for hearing.

 

 

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1    (b) The court, without a jury, shall determine questions of
2law and fact.
3    (c) Previous statements made by the child relating to any
4allegations that the child is an abused or neglected child
5within the meaning of the Abused and Neglected Child Reporting
6Act, or an abused or neglected minor within the meaning of the
7Juvenile Court Act of 1987, shall be admissible in evidence in
8a hearing concerning allocation of parental responsibilities
9in accordance with Section 11.1 of the Abused and Neglected
10Child Reporting Act. No such statement, however, if
11uncorroborated and not subject to cross-examination, shall be
12sufficient in itself to support a finding of abuse or neglect.
13    (d) If the court finds that a public hearing may be
14detrimental to the child's best interests, the court shall
15exclude the public from the hearing, but the court may admit
16any person having:
17        (1) a direct and legitimate interest in the case; or
18        (2) a legitimate educational or research interest in
19    the work of the court, but only with the permission of both
20    parties and subject to court approval.
21    (e) The court may make an appropriate order sealing the
22records of any interview, report, investigation, or testimony.
 
23    (750 ILCS 5/606.10 new)
24    Sec. 606.10. Designation of custodian for purposes of other
25statutes. Solely for the purposes of all State and federal

 

 

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1statutes that require a designation or determination of custody
2or a custodian, a parenting plan shall designate the parent who
3is allocated the majority of parenting time. This designation
4shall not affect parents' rights and responsibilities under the
5parenting plan. For purposes of Section 10-20.12b of the School
6Code only, the parent with the majority of parenting time is
7considered to have legal custody.
 
8    (750 ILCS 5/607.5 new)
9    Sec. 607.5. Abuse of allocated parenting time.
10    (a) The court shall provide an expedited procedure for the
11enforcement of allocated parenting time.
12    (b) An action for the enforcement of allocated parenting
13time may be commenced by a parent or a person appointed under
14Section 506 by filing a petition setting forth: (i) the
15petitioner's name and residence address or mailing address,
16except that if the petition states that disclosure of
17petitioner's address would risk abuse of petitioner or any
18member of petitioner's family or household or reveal the
19confidential address of a shelter for domestic violence
20victims, that address may be omitted from the petition; (ii)
21the respondent's name and place of residence, place of
22employment, or mailing address; (iii) the terms of the
23parenting plan or allocation judgment then in effect; (iv) the
24nature of the violation of the allocation of parenting time,
25giving dates and other relevant information; and (v) that a

 

 

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1reasonable attempt was made to resolve the dispute.
2    (c) If the court finds by a preponderance of the evidence
3that a parent has not complied with allocated parenting time
4according to an approved parenting plan or a court order, the
5court, in the child's best interests, shall issue an order that
6may include one or more of the following:
7        (1) an imposition of additional terms and conditions
8    consistent with the court's previous allocation of
9    parenting time or other order;
10        (2) a requirement that either or both of the parties
11    attend a parental education program at the expense of the
12    non-complying parent;
13        (3) upon consideration of all relevant factors,
14    particularly a history or possibility of domestic
15    violence, a requirement that the parties participate in
16    family or individual counseling, the expense of which shall
17    be allocated by the court;
18        (4) a requirement that the non-complying parent post a
19    cash bond or other security to ensure future compliance,
20    including a provision that the bond or other security may
21    be forfeited to the other parent for payment of expenses on
22    behalf of the child as the court shall direct;
23        (5) a requirement that makeup parenting time be
24    provided for the aggrieved parent or child under the
25    following conditions:
26            (A) that the parenting time is of the same type and

 

 

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1        duration as the parenting time that was denied,
2        including but not limited to parenting time during
3        weekends, on holidays, and on weekdays and during times
4        when the child is not in school;
5            (B) that the parenting time is made up within 6
6        months after the noncompliance occurs, unless the
7        period of time or holiday cannot be made up within 6
8        months, in which case the parenting time shall be made
9        up within one year after the noncompliance occurs;
10        (6) a finding that the non-complying parent is in
11    contempt of court;
12        (7) an imposition on the non-complying parent of an
13    appropriate civil fine per incident of denied parenting
14    time;
15        (8) a requirement that the non-complying parent
16    reimburse the other parent for all reasonable expenses
17    incurred as a result of the violation of the parenting plan
18    or court order; and
19        (9) any other provision that may promote the child's
20    best interests.
21    (d) In addition to any other order entered under subsection
22(c), except for good cause shown, the court shall order a
23parent who has failed to provide allocated parenting time or to
24exercise allocated parenting time to pay the aggrieved party
25his or her reasonable attorney's fees, court costs, and
26expenses associated with an action brought under this Section.

 

 

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1If the court finds that the respondent in an action brought
2under this Section has not violated the allocated parenting
3time, the court may order the petitioner to pay the
4respondent's reasonable attorney's fees, court costs, and
5expenses incurred in the action.
6    (e) Nothing in this Section precludes a party from
7maintaining any other action as provided by law.
8    (f) When the court issues an order holding a party in
9contempt for violation of a parenting time order and finds that
10the party engaged in parenting time abuse, the court may order
11one or more of the following:
12        (1) Suspension of a party's Illinois driving
13    privileges pursuant to Section 7-703 of the Illinois
14    Vehicle Code until the court determines that the party is
15    in compliance with the parenting time order. The court may
16    also order that a party be issued a family financial
17    responsibility driving permit that would allow limited
18    driving privileges for employment, for medical purposes,
19    and to transport a child to or from scheduled parenting
20    time in order to comply with a parenting time order in
21    accordance with subsection (a-1) of Section 7-702.1 of the
22    Illinois Vehicle Code.
23        (2) Placement of a party on probation with such
24    conditions of probation as the court deems advisable.
25        (3) Sentencing of a party to periodic imprisonment for
26    a period not to exceed 6 months; provided, that the court

 

 

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1    may permit the party to be released for periods of time
2    during the day or night to:
3            (A) work; or
4            (B) conduct a business or other self-employed
5        occupation.
6        (4) Find that a party in engaging in parenting time
7    abuse is guilty of a petty offense and should be fined an
8    amount of no more than $500 for each finding of parenting
9    time abuse.
10    (g) When the court issues an order holding a party in
11contempt of court for violation of a parenting order, the clerk
12shall transmit a copy of the contempt order to the sheriff of
13the county. The sheriff shall furnish a copy of each contempt
14order to the Department of State Police on a daily basis in the
15form and manner required by the Department. The Department
16shall maintain a complete record and index of the contempt
17orders and make this data available to all local law
18enforcement agencies.
19    (h) Nothing contained in this Section shall be construed to
20limit the court's contempt power.
 
21    (750 ILCS 5/609.2 new)
22    Sec. 609.2. Parent's relocation.
23    (a) A parent's relocation constitutes a substantial change
24in circumstances for purposes of Section 610.5.
25    (b) A parent who has been allocated a majority of parenting

 

 

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1time or either parent who has been allocated equal parenting
2time may seek to relocate with a child.
3    (c) A parent intending a relocation, as that term is
4defined in paragraph (1), (2), or (3) of subsection (g) of
5Section 600 of this Act, must provide written notice of the
6relocation to the other parent under the parenting plan or
7allocation judgment. A copy of the notice required under this
8Section shall be filed with the clerk of the circuit court. The
9court may waive or seal some or all of the information required
10in the notice if there is a history of domestic violence.
11    (d) The notice must provide at least 60 days' written
12notice before the relocation unless such notice is
13impracticable (in which case written notice shall be given at
14the earliest date practicable) or unless otherwise ordered by
15the court. At a minimum, the notice must set forth the
16following:
17        (1) the intended date of the parent's relocation;
18        (2) the address of the parent's intended new residence,
19    if known; and
20        (3) the length of time the relocation will last, if the
21    relocation is not for an indefinite or permanent period.
22    The court may consider a parent's failure to comply with
23the notice requirements of this Section without good cause (i)
24as a factor in determining whether the parent's relocation is
25in good faith; and (ii) as a basis for awarding reasonable
26attorney's fees and costs resulting from the parent's failure

 

 

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1to comply with these provisions.
2    (e) If the non-relocating parent signs the notice that was
3provided pursuant to subsection (c) and the relocating parent
4files the notice with the court, relocation shall be allowed
5without any further court action. The court shall modify the
6parenting plan or allocation judgment to accommodate a parent's
7relocation as agreed by the parents, as long as the agreed
8modification is in the child's best interests.
9    (f) If the non-relocating parent objects to the relocation,
10fails to sign the notice provided under subsection (c), or the
11parents cannot agree on modification of the parenting plan or
12allocation judgment, the parent seeking relocation must file a
13petition seeking permission to relocate.
14    (g) The court shall modify the parenting plan or allocation
15judgment in accordance with the child's best interests. The
16court shall consider the following factors:
17        (1) the circumstances and reasons for the intended
18    relocation;
19        (2) the reasons, if any, why a parent is objecting to
20    the intended relocation;
21        (3) the history and quality of each parent's
22    relationship with the child and specifically whether a
23    parent has substantially failed or refused to exercise the
24    parental responsibilities allocated to him or her under the
25    parenting plan or allocation judgment;
26        (4) the educational opportunities for the child at the

 

 

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1    existing location and at the proposed new location;
2        (5) the presence or absence of extended family at the
3    existing location and at the proposed new location;
4        (6) the anticipated impact of the relocation on the
5    child;
6        (7) whether the court will be able to fashion a
7    reasonable allocation of parental responsibilities between
8    all parents if the relocation occurs;
9        (8) the wishes of the child, taking into account the
10    child's maturity and ability to express reasoned and
11    independent preferences as to relocation;
12        (9) possible arrangements for the exercise of parental
13    responsibilities appropriate to the parents' resources and
14    circumstances and the developmental level of the child;
15        (10) minimization of the impairment to a parent-child
16    relationship caused by a parent's relocation; and
17        (11) any other relevant factors bearing on the child's
18    best interests.
19    (h) If a parent moves with the child 25 miles or less from
20the child's current primary residence to a new primary
21residence outside Illinois, Illinois continues to be the home
22state of the child under subsection (c) of Section 202 of the
23Uniform Child-Custody Jurisdiction and Enforcement Act. Any
24subsequent move from the new primary residence outside Illinois
25greater than 25 miles from the child's original primary
26residence in Illinois must be in compliance with the provisions

 

 

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1of this Section.
 
2    (750 ILCS 5/610.5 new)
3    Sec. 610.5. Modification.
4    (a) Unless by stipulation of the parties or except as
5provided in subsection (b) of this Section or Section 603.10 of
6this Act, no motion to modify an order allocating parental
7responsibilities may be made earlier than 2 years after its
8date, unless the court permits it to be made on the basis of
9affidavits that there is reason to believe the child's present
10environment may endanger seriously his or her mental, moral, or
11physical health or significantly impair the child's emotional
12development.
13    (b) A motion to modify an order allocating parental
14responsibilities may be made at any time by a party who has
15been informed of the existence of facts requiring notice to be
16given under Section 609.5 of this Act.
17    (c) Except in a case concerning the modification of any
18restriction of parental responsibilities under Section 603.10,
19the court shall modify a parenting plan or allocation judgment
20when necessary to serve the child's best interests if the court
21finds, by a preponderance of the evidence, that on the basis of
22facts that have arisen since the entry of the existing
23parenting plan or allocation judgment or were not anticipated
24therein, a substantial change has occurred in the circumstances
25of the child or of either parent and that a modification is

 

 

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

 

 

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1modification action is vexatious or constitutes harassment. If
2the court finds that a parent has repeatedly filed frivolous
3motions for modification, the court may bar the parent from
4filing a motion for modification for a period of time.
 
5    (750 ILCS 5/801)  (from Ch. 40, par. 801)
6    Sec. 801. Application.)
7    (a) This Act applies to all proceedings commenced on or
8after its effective date.
9    (b) This Act applies to all pending actions and proceedings
10commenced prior to its effective date with respect to issues on
11which a judgment has not been entered. Evidence adduced after
12the effective date of this Act shall be in compliance with this
13Act.
14    (c) This Act applies to all proceedings commenced after its
15effective date for the modification of a judgment or order
16entered prior to the effective date of this Act. Alimony in
17gross or settlements in lieu of alimony provided for in
18judgments entered prior to October 1, 1977 shall not be
19modifiable or terminable as maintenance thereafter.
20    (d) In any action or proceeding in which an appeal was
21pending or a new trial was ordered prior to the effective date
22of this Act, the law in effect at the time of the order
23sustaining the appeal or the new trial governs the appeal, the
24new trial, and any subsequent trial or appeal.
25    (e) On and after the effective date of this amendatory Act

 

 

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1of the 99th General Assembly, the term "parenting time" is used
2in place of "visitation" with respect to time during which a
3parent is responsible for exercising caretaking functions and
4non-significant decision-making responsibilities concerning
5the child. On and after the effective date of this amendatory
6Act of the 99th General Assembly, the term "parental
7responsibility" is used in place of "custody" and related terms
8such as "custodial" and "custodian". It is not the intent of
9the General Assembly to modify or change the rights arising
10under any order entered concerning custody or visitation prior
11to the effective date of this amendatory Act of the 99th
12General Assembly.
13(Source: P.A. 82-566.)
 
14    (750 ILCS 5/406 rep.)
15    (750 ILCS 5/407 rep.)
16    (750 ILCS 5/408 rep.)
17    (750 ILCS 5/412 rep.)
18    (750 ILCS 5/514 rep.)
19    (750 ILCS 5/515 rep.)
20    (750 ILCS 5/516 rep.)
21    (750 ILCS 5/517 rep.)
22    (750 ILCS 5/601 rep.)
23    (750 ILCS 5/601.5 rep.)
24    (750 ILCS 5/602 rep.)
25    (750 ILCS 5/602.1 rep.)

 

 

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1    (750 ILCS 5/603 rep.)
2    (750 ILCS 5/604 rep.)
3    (750 ILCS 5/604.5 rep.)
4    (750 ILCS 5/605 rep.)
5    (750 ILCS 5/606 rep.)
6    (750 ILCS 5/607 rep.)
7    (750 ILCS 5/607.1 rep.)
8    (750 ILCS 5/608 rep.)
9    (750 ILCS 5/609 rep.)
10    (750 ILCS 5/610 rep.)
11    (750 ILCS 5/611 rep.)
12    (750 ILCS 5/701 rep.)
13    (750 ILCS 5/703 rep.)
14    Section 5-20. The Illinois Marriage and Dissolution of
15Marriage Act is amended by repealing Sections 406, 407, 408,
16412, 514, 515, 516, 517, 601, 601.5, 602, 602.1, 603, 604,
17604.5, 605, 606, 607, 607.1, 608, 609, 610, 611, 701, and 703.
 
18    Section 5-23. The Uniform Child-Custody Jurisdiction and
19Enforcement Act is amended by changing Section 202 as follows:
 
20    (750 ILCS 36/202)
21    Sec. 202. Exclusive, Continuing Jurisdiction.
22    (a) Except as otherwise provided in Section 204, a court of
23this State which has made a child-custody determination
24consistent with Section 201 or 203 has exclusive, continuing

 

 

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1jurisdiction over the determination until:
2        (1) a court of this State determines that neither the
3    child, the child's parents, and any person acting as a
4    parent do not have a significant connection with this State
5    and that substantial evidence is no longer available in
6    this State concerning the child's care, protection,
7    training, and personal relationships; or
8        (2) a court of this State or a court of another state
9    determines that the child, the child's parents, and any
10    person acting as a parent do not presently reside in this
11    State.
12    (b) A court of this State which has made a child-custody
13determination and does not have exclusive, continuing
14jurisdiction under this Section may modify that determination
15only if it has jurisdiction to make an initial determination
16under Section 201.
17    (c) A court of this State shall continue to exercise
18exclusive jurisdiction and be considered the home state of a
19child if a parent moves with a child under subsection (h) of
20Section 609.2 of the Illinois Marriage and Dissolution of
21Marriage Act.
22(Source: P.A. 93-108, eff. 1-1-04.)
 
23    Section 5-25. The Illinois Domestic Violence Act of 1986 is
24amended by changing Sections 214 and 223 as follows:
 

 

 

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1    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
2    Sec. 214. Order of protection; remedies.
3    (a) Issuance of order. If the court finds that petitioner
4has been abused by a family or household member or that
5petitioner is a high-risk adult who has been abused, neglected,
6or exploited, as defined in this Act, an order of protection
7prohibiting the abuse, neglect, or exploitation shall issue;
8provided that petitioner must also satisfy the requirements of
9one of the following Sections, as appropriate: Section 217 on
10emergency orders, Section 218 on interim orders, or Section 219
11on plenary orders. Petitioner shall not be denied an order of
12protection because petitioner or respondent is a minor. The
13court, when determining whether or not to issue an order of
14protection, shall not require physical manifestations of abuse
15on the person of the victim. Modification and extension of
16prior orders of protection shall be in accordance with this
17Act.
18    (b) Remedies and standards. The remedies to be included in
19an order of protection shall be determined in accordance with
20this Section and one of the following Sections, as appropriate:
21Section 217 on emergency orders, Section 218 on interim orders,
22and Section 219 on plenary orders. The remedies listed in this
23subsection shall be in addition to other civil or criminal
24remedies available to petitioner.
25        (1) Prohibition of abuse, neglect, or exploitation.
26    Prohibit respondent's harassment, interference with

 

 

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1    personal liberty, intimidation of a dependent, physical
2    abuse, or willful deprivation, neglect or exploitation, as
3    defined in this Act, or stalking of the petitioner, as
4    defined in Section 12-7.3 of the Criminal Code of 2012, if
5    such abuse, neglect, exploitation, or stalking has
6    occurred or otherwise appears likely to occur if not
7    prohibited.
8        (2) Grant of exclusive possession of residence.
9    Prohibit respondent from entering or remaining in any
10    residence, household, or premises of the petitioner,
11    including one owned or leased by respondent, if petitioner
12    has a right to occupancy thereof. The grant of exclusive
13    possession of the residence, household, or premises shall
14    not affect title to real property, nor shall the court be
15    limited by the standard set forth in Section 701 of the
16    Illinois Marriage and Dissolution of Marriage Act.
17            (A) Right to occupancy. A party has a right to
18        occupancy of a residence or household if it is solely
19        or jointly owned or leased by that party, that party's
20        spouse, a person with a legal duty to support that
21        party or a minor child in that party's care, or by any
22        person or entity other than the opposing party that
23        authorizes that party's occupancy (e.g., a domestic
24        violence shelter). Standards set forth in subparagraph
25        (B) shall not preclude equitable relief.
26            (B) Presumption of hardships. If petitioner and

 

 

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1        respondent each has the right to occupancy of a
2        residence or household, the court shall balance (i) the
3        hardships to respondent and any minor child or
4        dependent adult in respondent's care resulting from
5        entry of this remedy with (ii) the hardships to
6        petitioner and any minor child or dependent adult in
7        petitioner's care resulting from continued exposure to
8        the risk of abuse (should petitioner remain at the
9        residence or household) or from loss of possession of
10        the residence or household (should petitioner leave to
11        avoid the risk of abuse). When determining the balance
12        of hardships, the court shall also take into account
13        the accessibility of the residence or household.
14        Hardships need not be balanced if respondent does not
15        have a right to occupancy.
16            The balance of hardships is presumed to favor
17        possession by petitioner unless the presumption is
18        rebutted by a preponderance of the evidence, showing
19        that the hardships to respondent substantially
20        outweigh the hardships to petitioner and any minor
21        child or dependent adult in petitioner's care. The
22        court, on the request of petitioner or on its own
23        motion, may order respondent to provide suitable,
24        accessible, alternate housing for petitioner instead
25        of excluding respondent from a mutual residence or
26        household.

 

 

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1        (3) Stay away order and additional prohibitions. Order
2    respondent to stay away from petitioner or any other person
3    protected by the order of protection, or prohibit
4    respondent from entering or remaining present at
5    petitioner's school, place of employment, or other
6    specified places at times when petitioner is present, or
7    both, if reasonable, given the balance of hardships.
8    Hardships need not be balanced for the court to enter a
9    stay away order or prohibit entry if respondent has no
10    right to enter the premises.
11            (A) If an order of protection grants petitioner
12        exclusive possession of the residence, or prohibits
13        respondent from entering the residence, or orders
14        respondent to stay away from petitioner or other
15        protected persons, then the court may allow respondent
16        access to the residence to remove items of clothing and
17        personal adornment used exclusively by respondent,
18        medications, and other items as the court directs. The
19        right to access shall be exercised on only one occasion
20        as the court directs and in the presence of an
21        agreed-upon adult third party or law enforcement
22        officer.
23            (B) When the petitioner and the respondent attend
24        the same public, private, or non-public elementary,
25        middle, or high school, the court when issuing an order
26        of protection and providing relief shall consider the

 

 

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1        severity of the act, any continuing physical danger or
2        emotional distress to the petitioner, the educational
3        rights guaranteed to the petitioner and respondent
4        under federal and State law, the availability of a
5        transfer of the respondent to another school, a change
6        of placement or a change of program of the respondent,
7        the expense, difficulty, and educational disruption
8        that would be caused by a transfer of the respondent to
9        another school, and any other relevant facts of the
10        case. The court may order that the respondent not
11        attend the public, private, or non-public elementary,
12        middle, or high school attended by the petitioner,
13        order that the respondent accept a change of placement
14        or change of program, as determined by the school
15        district or private or non-public school, or place
16        restrictions on the respondent's movements within the
17        school attended by the petitioner. The respondent
18        bears the burden of proving by a preponderance of the
19        evidence that a transfer, change of placement, or
20        change of program of the respondent is not available.
21        The respondent also bears the burden of production with
22        respect to the expense, difficulty, and educational
23        disruption that would be caused by a transfer of the
24        respondent to another school. A transfer, change of
25        placement, or change of program is not unavailable to
26        the respondent solely on the ground that the respondent

 

 

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1        does not agree with the school district's or private or
2        non-public school's transfer, change of placement, or
3        change of program or solely on the ground that the
4        respondent fails or refuses to consent or otherwise
5        does not take an action required to effectuate a
6        transfer, change of placement, or change of program.
7        When a court orders a respondent to stay away from the
8        public, private, or non-public school attended by the
9        petitioner and the respondent requests a transfer to
10        another attendance center within the respondent's
11        school district or private or non-public school, the
12        school district or private or non-public school shall
13        have sole discretion to determine the attendance
14        center to which the respondent is transferred. In the
15        event the court order results in a transfer of the
16        minor respondent to another attendance center, a
17        change in the respondent's placement, or a change of
18        the respondent's program, the parents, guardian, or
19        legal custodian of the respondent is responsible for
20        transportation and other costs associated with the
21        transfer or change.
22            (C) The court may order the parents, guardian, or
23        legal custodian of a minor respondent to take certain
24        actions or to refrain from taking certain actions to
25        ensure that the respondent complies with the order. In
26        the event the court orders a transfer of the respondent

 

 

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1        to another school, the parents, guardian, or legal
2        custodian of the respondent is responsible for
3        transportation and other costs associated with the
4        change of school by the respondent.
5        (4) Counseling. Require or recommend the respondent to
6    undergo counseling for a specified duration with a social
7    worker, psychologist, clinical psychologist, psychiatrist,
8    family service agency, alcohol or substance abuse program,
9    mental health center guidance counselor, agency providing
10    services to elders, program designed for domestic violence
11    abusers or any other guidance service the court deems
12    appropriate. The Court may order the respondent in any
13    intimate partner relationship to report to an Illinois
14    Department of Human Services protocol approved partner
15    abuse intervention program for an assessment and to follow
16    all recommended treatment.
17        (5) Physical care and possession of the minor child. In
18    order to protect the minor child from abuse, neglect, or
19    unwarranted separation from the person who has been the
20    minor child's primary caretaker, or to otherwise protect
21    the well-being of the minor child, the court may do either
22    or both of the following: (i) grant petitioner physical
23    care or possession of the minor child, or both, or (ii)
24    order respondent to return a minor child to, or not remove
25    a minor child from, the physical care of a parent or person
26    in loco parentis.

 

 

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1        If a court finds, after a hearing, that respondent has
2    committed abuse (as defined in Section 103) of a minor
3    child, there shall be a rebuttable presumption that
4    awarding physical care to respondent would not be in the
5    minor child's best interest.
6        (6) Temporary allocation of parental responsibilities:
7    significant decision-making legal custody. Award temporary
8    decision-making responsibility legal custody to petitioner
9    in accordance with this Section, the Illinois Marriage and
10    Dissolution of Marriage Act, the Illinois Parentage Act of
11    1984, and this State's Uniform Child-Custody Jurisdiction
12    and Enforcement Act.
13        If a court finds, after a hearing, that respondent has
14    committed abuse (as defined in Section 103) of a minor
15    child, there shall be a rebuttable presumption that
16    awarding temporary significant decision-making
17    responsibility legal custody to respondent would not be in
18    the child's best interest.
19        (7) Parenting time Visitation. Determine the parenting
20    time visitation rights, if any, of respondent in any case
21    in which the court awards physical care or allocates
22    temporary significant decision-making responsibility legal
23    custody of a minor child to petitioner. The court shall
24    restrict or deny respondent's parenting time visitation
25    with a minor child if the court finds that respondent has
26    done or is likely to do any of the following: (i) abuse or

 

 

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1    endanger the minor child during parenting time visitation;
2    (ii) use the parenting time visitation as an opportunity to
3    abuse or harass petitioner or petitioner's family or
4    household members; (iii) improperly conceal or detain the
5    minor child; or (iv) otherwise act in a manner that is not
6    in the best interests of the minor child. The court shall
7    not be limited by the standards set forth in Section 603.10
8    607.1 of the Illinois Marriage and Dissolution of Marriage
9    Act. If the court grants parenting time visitation, the
10    order shall specify dates and times for the parenting time
11    visitation to take place or other specific parameters or
12    conditions that are appropriate. No order for parenting
13    time visitation shall refer merely to the term "reasonable
14    parenting time visitation".
15        Petitioner may deny respondent access to the minor
16    child if, when respondent arrives for parenting time
17    visitation, respondent is under the influence of drugs or
18    alcohol and constitutes a threat to the safety and
19    well-being of petitioner or petitioner's minor children or
20    is behaving in a violent or abusive manner.
21        If necessary to protect any member of petitioner's
22    family or household from future abuse, respondent shall be
23    prohibited from coming to petitioner's residence to meet
24    the minor child for parenting time visitation, and the
25    parties shall submit to the court their recommendations for
26    reasonable alternative arrangements for parenting time

 

 

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1    visitation. A person may be approved to supervise parenting
2    time visitation only after filing an affidavit accepting
3    that responsibility and acknowledging accountability to
4    the court.
5        (8) Removal or concealment of minor child. Prohibit
6    respondent from removing a minor child from the State or
7    concealing the child within the State.
8        (9) Order to appear. Order the respondent to appear in
9    court, alone or with a minor child, to prevent abuse,
10    neglect, removal or concealment of the child, to return the
11    child to the custody or care of the petitioner or to permit
12    any court-ordered interview or examination of the child or
13    the respondent.
14        (10) Possession of personal property. Grant petitioner
15    exclusive possession of personal property and, if
16    respondent has possession or control, direct respondent to
17    promptly make it available to petitioner, if:
18            (i) petitioner, but not respondent, owns the
19        property; or
20            (ii) the parties own the property jointly; sharing
21        it would risk abuse of petitioner by respondent or is
22        impracticable; and the balance of hardships favors
23        temporary possession by petitioner.
24        If petitioner's sole claim to ownership of the property
25    is that it is marital property, the court may award
26    petitioner temporary possession thereof under the

 

 

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1    standards of subparagraph (ii) of this paragraph only if a
2    proper proceeding has been filed under the Illinois
3    Marriage and Dissolution of Marriage Act, as now or
4    hereafter amended.
5        No order under this provision shall affect title to
6    property.
7        (11) Protection of property. Forbid the respondent
8    from taking, transferring, encumbering, concealing,
9    damaging or otherwise disposing of any real or personal
10    property, except as explicitly authorized by the court, if:
11            (i) petitioner, but not respondent, owns the
12        property; or
13            (ii) the parties own the property jointly, and the
14        balance of hardships favors granting this remedy.
15        If petitioner's sole claim to ownership of the property
16    is that it is marital property, the court may grant
17    petitioner relief under subparagraph (ii) of this
18    paragraph only if a proper proceeding has been filed under
19    the Illinois Marriage and Dissolution of Marriage Act, as
20    now or hereafter amended.
21        The court may further prohibit respondent from
22    improperly using the financial or other resources of an
23    aged member of the family or household for the profit or
24    advantage of respondent or of any other person.
25        (11.5) Protection of animals. Grant the petitioner the
26    exclusive care, custody, or control of any animal owned,

 

 

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1    possessed, leased, kept, or held by either the petitioner
2    or the respondent or a minor child residing in the
3    residence or household of either the petitioner or the
4    respondent and order the respondent to stay away from the
5    animal and forbid the respondent from taking,
6    transferring, encumbering, concealing, harming, or
7    otherwise disposing of the animal.
8        (12) Order for payment of support. Order respondent to
9    pay temporary support for the petitioner or any child in
10    the petitioner's care or over whom the petitioner has been
11    allocated parental responsibility custody, when the
12    respondent has a legal obligation to support that person,
13    in accordance with the Illinois Marriage and Dissolution of
14    Marriage Act, which shall govern, among other matters, the
15    amount of support, payment through the clerk and
16    withholding of income to secure payment. An order for child
17    support may be granted to a petitioner with lawful physical
18    care or custody of a child, or an order or agreement for
19    physical care of a child or custody, prior to entry of an
20    order allocating significant decision-making
21    responsibility for legal custody. Such a support order
22    shall expire upon entry of a valid order allocating
23    parental responsibility differently and vacating the
24    petitioner's significant decision-making authority
25    granting legal custody to another, unless otherwise
26    provided in the custody order.

 

 

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1        (13) Order for payment of losses. Order respondent to
2    pay petitioner for losses suffered as a direct result of
3    the abuse, neglect, or exploitation. Such losses shall
4    include, but not be limited to, medical expenses, lost
5    earnings or other support, repair or replacement of
6    property damaged or taken, reasonable attorney's fees,
7    court costs and moving or other travel expenses, including
8    additional reasonable expenses for temporary shelter and
9    restaurant meals.
10            (i) Losses affecting family needs. If a party is
11        entitled to seek maintenance, child support or
12        property distribution from the other party under the
13        Illinois Marriage and Dissolution of Marriage Act, as
14        now or hereafter amended, the court may order
15        respondent to reimburse petitioner's actual losses, to
16        the extent that such reimbursement would be
17        "appropriate temporary relief", as authorized by
18        subsection (a)(3) of Section 501 of that Act.
19            (ii) Recovery of expenses. In the case of an
20        improper concealment or removal of a minor child, the
21        court may order respondent to pay the reasonable
22        expenses incurred or to be incurred in the search for
23        and recovery of the minor child, including but not
24        limited to legal fees, court costs, private
25        investigator fees, and travel costs.
26        (14) Prohibition of entry. Prohibit the respondent

 

 

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1    from entering or remaining in the residence or household
2    while the respondent is under the influence of alcohol or
3    drugs and constitutes a threat to the safety and well-being
4    of the petitioner or the petitioner's children.
5        (14.5) Prohibition of firearm possession.
6            (a) Prohibit a respondent against whom an order of
7        protection was issued from possessing any firearms
8        during the duration of the order if the order:
9                (1) was issued after a hearing of which such
10            person received actual notice, and at which such
11            person had an opportunity to participate;
12                (2) restrains such person from harassing,
13            stalking, or threatening an intimate partner of
14            such person or child of such intimate partner or
15            person, or engaging in other conduct that would
16            place an intimate partner in reasonable fear of
17            bodily injury to the partner or child; and
18                (3)(i) includes a finding that such person
19            represents a credible threat to the physical
20            safety of such intimate partner or child; or (ii)
21            by its terms explicitly prohibits the use,
22            attempted use, or threatened use of physical force
23            against such intimate partner or child that would
24            reasonably be expected to cause bodily injury.
25        Any Firearm Owner's Identification Card in the
26        possession of the respondent, except as provided in

 

 

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1        subsection (b), shall be ordered by the court to be
2        turned over to the local law enforcement agency. The
3        local law enforcement agency shall immediately mail
4        the card to the Department of State Police Firearm
5        Owner's Identification Card Office for safekeeping.
6        The court shall issue a warrant for seizure of any
7        firearm in the possession of the respondent, to be kept
8        by the local law enforcement agency for safekeeping,
9        except as provided in subsection (b). The period of
10        safekeeping shall be for the duration of the order of
11        protection. The firearm or firearms and Firearm
12        Owner's Identification Card, if unexpired, shall at
13        the respondent's request, be returned to the
14        respondent at the end of the order of protection. It is
15        the respondent's responsibility to notify the
16        Department of State Police Firearm Owner's
17        Identification Card Office.
18            (b) If the respondent is a peace officer as defined
19        in Section 2-13 of the Criminal Code of 2012, the court
20        shall order that any firearms used by the respondent in
21        the performance of his or her duties as a peace officer
22        be surrendered to the chief law enforcement executive
23        of the agency in which the respondent is employed, who
24        shall retain the firearms for safekeeping for the
25        duration of the order of protection.
26            (c) Upon expiration of the period of safekeeping,

 

 

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

 

 

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

 

 

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

 

 

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1        requested relief in order to protect petitioner or
2        other alleged abused persons.
3        (4) For purposes of issuing an ex parte emergency order
4    of protection, the court, as an alternative to or as a
5    supplement to making the findings described in paragraphs
6    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
7    the following procedure:
8        When a verified petition for an emergency order of
9    protection in accordance with the requirements of Sections
10    203 and 217 is presented to the court, the court shall
11    examine petitioner on oath or affirmation. An emergency
12    order of protection shall be issued by the court if it
13    appears from the contents of the petition and the
14    examination of petitioner that the averments are
15    sufficient to indicate abuse by respondent and to support
16    the granting of relief under the issuance of the emergency
17    order of protection.
18        (5) Never married parties. No rights or
19    responsibilities for a minor child born outside of marriage
20    attach to a putative father until a father and child
21    relationship has been established under the Illinois
22    Parentage Act of 1984, the Illinois Public Aid Code,
23    Section 12 of the Vital Records Act, the Juvenile Court Act
24    of 1987, the Probate Act of 1985, the Revised Uniform
25    Reciprocal Enforcement of Support Act, the Uniform
26    Interstate Family Support Act, the Expedited Child Support

 

 

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1    Act of 1990, any judicial, administrative, or other act of
2    another state or territory, any other Illinois statute, or
3    by any foreign nation establishing the father and child
4    relationship, any other proceeding substantially in
5    conformity with the Personal Responsibility and Work
6    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
7    or where both parties appeared in open court or at an
8    administrative hearing acknowledging under oath or
9    admitting by affirmation the existence of a father and
10    child relationship. Absent such an adjudication, finding,
11    or acknowledgement, no putative father shall be granted
12    temporary allocation of parental responsibilities,
13    including parenting time custody of the minor child,
14    visitation with the minor child, or physical care and
15    possession of the minor child, nor shall an order of
16    payment for support of the minor child be entered.
17    (d) Balance of hardships; findings. If the court finds that
18the balance of hardships does not support the granting of a
19remedy governed by paragraph (2), (3), (10), (11), or (16) of
20subsection (b) of this Section, which may require such
21balancing, the court's findings shall so indicate and shall
22include a finding as to whether granting the remedy will result
23in hardship to respondent that would substantially outweigh the
24hardship to petitioner from denial of the remedy. The findings
25shall be an official record or in writing.
26    (e) Denial of remedies. Denial of any remedy shall not be

 

 

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1based, in whole or in part, on evidence that:
2        (1) Respondent has cause for any use of force, unless
3    that cause satisfies the standards for justifiable use of
4    force provided by Article 7 of the Criminal Code of 2012;
5        (2) Respondent was voluntarily intoxicated;
6        (3) Petitioner acted in self-defense or defense of
7    another, provided that, if petitioner utilized force, such
8    force was justifiable under Article 7 of the Criminal Code
9    of 2012;
10        (4) Petitioner did not act in self-defense or defense
11    of another;
12        (5) Petitioner left the residence or household to avoid
13    further abuse, neglect, or exploitation by respondent;
14        (6) Petitioner did not leave the residence or household
15    to avoid further abuse, neglect, or exploitation by
16    respondent;
17        (7) Conduct by any family or household member excused
18    the abuse, neglect, or exploitation by respondent, unless
19    that same conduct would have excused such abuse, neglect,
20    or exploitation if the parties had not been family or
21    household members.
22(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
2397-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;
2497-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
25    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)

 

 

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1    Sec. 223. Enforcement of orders of protection.
2    (a) When violation is crime. A violation of any order of
3protection, whether issued in a civil or criminal proceeding,
4shall be enforced by a criminal court when:
5        (1) The respondent commits the crime of violation of an
6    order of protection pursuant to Section 12-3.4 or 12-30 of
7    the Criminal Code of 1961 or the Criminal Code of 2012, by
8    having knowingly violated:
9            (i) remedies described in paragraphs (1), (2),
10        (3), (14), or (14.5) of subsection (b) of Section 214
11        of this Act; or
12            (ii) a remedy, which is substantially similar to
13        the remedies authorized under paragraphs (1), (2),
14        (3), (14), and (14.5) of subsection (b) of Section 214
15        of this Act, in a valid order of protection which is
16        authorized under the laws of another state, tribe, or
17        United States territory; or
18            (iii) any other remedy when the act constitutes a
19        crime against the protected parties as defined by the
20        Criminal Code of 1961 or the Criminal Code of 2012.
21        Prosecution for a violation of an order of protection
22    shall not bar concurrent prosecution for any other crime,
23    including any crime that may have been committed at the
24    time of the violation of the order of protection; or
25        (2) The respondent commits the crime of child abduction
26    pursuant to Section 10-5 of the Criminal Code of 1961 or

 

 

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1    the Criminal Code of 2012, by having knowingly violated:
2            (i) remedies described in paragraphs (5), (6) or
3        (8) of subsection (b) of Section 214 of this Act; or
4            (ii) a remedy, which is substantially similar to
5        the remedies authorized under paragraphs (5), (6), or
6        (8) of subsection (b) of Section 214 of this Act, in a
7        valid order of protection which is authorized under the
8        laws of another state, tribe, or United States
9        territory.
10    (b) When violation is contempt of court. A violation of any
11valid Illinois order of protection, whether issued in a civil
12or criminal proceeding, may be enforced through civil or
13criminal contempt procedures, as appropriate, by any court with
14jurisdiction, regardless where the act or acts which violated
15the order of protection were committed, to the extent
16consistent with the venue provisions of this Act. Nothing in
17this Act shall preclude any Illinois court from enforcing any
18valid order of protection issued in another state. Illinois
19courts may enforce orders of protection through both criminal
20prosecution and contempt proceedings, unless the action which
21is second in time is barred by collateral estoppel or the
22constitutional prohibition against double jeopardy.
23        (1) In a contempt proceeding where the petition for a
24    rule to show cause sets forth facts evidencing an immediate
25    danger that the respondent will flee the jurisdiction,
26    conceal a child, or inflict physical abuse on the

 

 

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

 

 

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