Bill Text: IL HB1452 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1452 Detail]

Download: Illinois-2013-HB1452-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB1452 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED:
See Index
Amends the Alienation of Affections Act, the Breach of Promise Act, and the Criminal Conversation Act to abolish actions for alienation of affections, breach of promise to marry, and criminal conversation, changes the short titles of those Acts, amends the Code of Civil Procedure to make a conforming change, and contains findings. Amends the Illinois Marriage and Dissolution of Marriage Act by making changes regarding: construction of the Act; venue; pleadings; solemnization of marriage; offenses involving issuance of licenses; grounds for dissolution of marriage; judgments for legal separation; mediation; costs of educational sessions; hearings on default; filing of a praecipe for summons; time for entering judgments; simplified dissolution procedure; temporary relief; dissolution action stays; agreements; disposition of property and debts; child support; attorney's fees; modification of provisions of judgments; educational expenses; support for disabled children who have attained majority; custody proceedings, hearings, and orders; allocation and restriction of parental responsibilities; parenting plans; interviews and evaluations of children; enforcement of allocated parenting time; parental relocation; applicability; repeal of various provisions; and other matters. Amends the Intergovernmental Missing Child Recovery Act of 1984, the Code of Criminal Procedure of 1963, the Illinois Domestic Violence Act of 1986, and the Probate Act of 1975 to make conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1. HEART BALM ACTIONS
Section 1-1. Findings. The majority of states have
abolished heart balm actions. In Illinois, heart balm actions
for alienation of affections, breach of promise to marry, and
criminal conversation were permitted under the common law
before the abolition of those causes of action by "An Act in
relation to certain causes of action conducive to extortion and
blackmail, and to declare illegal, contracts and Acts made and
done in pursuance thereof", filed May 4, 1935, Laws 1935, p.
716. The Illinois Supreme Court held, in Heck v. Schupp, 394
Ill. 296 (1946), that the 1935 Act was unconstitutional and
that the abolition of heart balm actions would infringe upon
the rights of parties to remedies under Section 19 of Article
II of the 1870 Constitution. (Section 12 of Article I of the
1970 Constitution is similar to the relevant portion of Section
19 of Article II of the 1870 Constitution.) Since 1947, heart
balm actions have been permitted with limited damages under the
Alienation of Affections Act, the Breach of Promise Act, and
the Criminal Conversation Act.
Society has since recognized that the amicable settlement

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

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

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Section 1-10. The Alienation of Affections Act is amended
by changing the title of the Act and Section 0.01 and by adding
Section 7.1 as follows:
(740 ILCS 5/Act title)
An Act relating to the damages recoverable in actions for
alienation of affections.
(740 ILCS 5/0.01) (from Ch. 40, par. 1900)
Sec. 0.01. Short title. This Act may be cited as the
Alienation of Affections Abolition Act.
(Source: P.A. 86-1324.)
(740 ILCS 5/7.1 new)
Sec. 7.1. Abolition; effect of repeal.
(a) This amendatory Act of the 98th General Assembly does
not apply to any cause of action that accrued under Sections 1
through 7 of this Act before their repeal, and a timely action
brought under those Sections shall be decided in accordance
with those Sections as they existed when the cause of action
accrued.
(b) An action may not be brought for alienation of
affections based on facts occurring on or after the effective
date of this amendatory Act of the 98th General Assembly.

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(740 ILCS 5/1 rep.)
(740 ILCS 5/2 rep.)
(740 ILCS 5/3 rep.)
(740 ILCS 5/4 rep.)
(740 ILCS 5/5 rep.)
(740 ILCS 5/6 rep.)
(740 ILCS 5/7 rep.)
Section 1-15. The Alienation of Affections Act is amended
by repealing Sections 1, 2, 3, 4, 5, 6, and 7.
Section 1-20. The Breach of Promise Act is amended by
changing Section 0.01 and by adding Section 10.1 as follows:
(740 ILCS 15/0.01) (from Ch. 40, par. 1800)
Sec. 0.01. Short title. This Act may be cited as the Breach
of Promise Abolition Act.
(Source: P.A. 86-1324.)
(740 ILCS 15/10.1 new)
Sec. 10.1. Abolition; effect of repeal.
(a) This amendatory Act of the 98th General Assembly does
not apply to any cause of action that accrued under Sections 1
through 10 of this Act before their repeal, and a timely action
brought under those Sections shall be decided in accordance
with those Sections as they existed when the cause of action
accrued.

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(b) An action may not be brought for breach of promise or
agreement to marry based on facts occurring on or after the
effective date of this amendatory Act of the 98th General
Assembly.
(740 ILCS 15/1 rep.)
(740 ILCS 15/2 rep.)
(740 ILCS 15/3 rep.)
(740 ILCS 15/4 rep.)
(740 ILCS 15/5 rep.)
(740 ILCS 15/6 rep.)
(740 ILCS 15/7 rep.)
(740 ILCS 15/8 rep.)
(740 ILCS 15/9 rep.)
(740 ILCS 15/10 rep.)
Section 1-25. The Breach of Promise Act is amended by
repealing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
Section 1-30. The Criminal Conversation Act is amended by
changing the title of the Act and Section 0.01 and by adding
Section 7.1 as follows:
(740 ILCS 50/Act title)
An Act relating to the damages recoverable in actions for
criminal conversation.

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(740 ILCS 50/0.01) (from Ch. 40, par. 1950)
Sec. 0.01. Short title. This Act may be cited as the
Criminal Conversation Abolition Act.
(Source: P.A. 86-1324.)
(740 ILCS 50/7.1 new)
Sec. 7.1. Abolition; effect of repeal.
(a) This amendatory Act of the 98th General Assembly does
not apply to any cause of action that accrued under Sections 1
through 7 of this Act before their repeal, and a timely action
brought under those Sections shall be decided in accordance
with those Sections as they existed when the cause of action
accrued.
(b) An action may not be brought for criminal conversation
based on facts occurring on or after the effective date of this
amendatory Act of the 98th General Assembly.
(740 ILCS 50/1 rep.)
(740 ILCS 50/2 rep.)
(740 ILCS 50/3 rep.)
(740 ILCS 50/4 rep.)
(740 ILCS 50/5 rep.)
(740 ILCS 50/6 rep.)
(740 ILCS 50/7 rep.)
Section 1-35. The Criminal Conversation Act is amended by
repealing Sections 1, 2, 3, 4, 5, 6, and 7.

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

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

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

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

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

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

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(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
Section 5-15. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 102, 104, 105,
107, 209, 219, 401, 402, 403, 404, 404.1, 405, 409, 411, 413,
452, 453, 501, 501.1, 502, 503, 504, 505, 505.1, 508, 510, 512,
and 513 and the heading of Part VI and by adding Sections
513.5, 600, 601.2, 602.5, 602.7, 602.10, 603.5, 603.10, 604.10,
606.5, 606.10, 607.5, 609.2, 610.5, and 612 as follows:
(750 ILCS 5/102) (from Ch. 40, par. 102)
Sec. 102. Purposes; Rules of Construction. This Act shall
be liberally construed and applied to promote its underlying
purposes, which are to:
(1) provide adequate procedures for the solemnization and
registration of marriage;
(2) strengthen and preserve the integrity of marriage and
safeguard family relationships;
(3) promote the amicable settlement of disputes that have
arisen between parties to a marriage;
(4) mitigate the potential harm to the spouses and their
children caused by the process of an action brought under this
Act, and protect children from exposure to conflict and

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

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

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

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

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

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

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

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

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

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

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

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

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

HB1452 - 28 - LRB098 02948 HEP 32963 b
testimony as to whether irreconcilable differences have caused
the irretrievable breakdown of the marriage.
(f) (Blank). Even if no bill of particulars shall have been
filed demanding the specification of the particular facts
underlying the allegation of the grounds, the court shall
nonetheless require proper and sufficient proof of the
existence of the grounds.
(Source: P.A. 90-174, eff. 10-1-97.)
(750 ILCS 5/404) (from Ch. 40, par. 404)
Sec. 404. Conciliation; mediation.
(a) If the court concludes that there is a prospect of
reconciliation, the court, at the request of either party, or
on its own motion, may order a conciliation conference. The
conciliation conference and counseling shall take place at the
established court conciliation service of that judicial
district or at any similar service or facility where no court
conciliation service has been established.
(b) The facts adduced at any conciliation conference
resulting from a referral hereunder, shall not be considered in
the adjudication of a pending or subsequent action, nor shall
any report resulting from such conference become part of the
record of the case unless the parties have stipulated in
writing to the contrary.
The court, upon good cause shown, may prohibit
conciliation, mediation or other process that requires the

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

HB1452 - 30 - LRB098 02948 HEP 32963 b
the court as it deems equitable without prejudice and are
subject to reallocation at the conclusion of the case.
(Source: P.A. 86-288.)
(750 ILCS 5/405) (from Ch. 40, par. 405)
Sec. 405. Hearing on Default - Notice.) If the respondent
is in default, the court shall proceed to hear the cause upon
testimony of petitioner taken in open court, and in no case of
default shall the court grant a dissolution of marriage or
legal separation or declaration of invalidity of marriage,
unless the judge is satisfied that all proper means have been
taken to notify the respondent of the pendency of the suit.
Whenever the judge is satisfied that the interests of the
respondent require it, the court may order such additional
notice as may be required. All of the provisions of the Code of
Civil Procedure relating to default hearings are applicable to
hearings on default.
(Source: P.A. 80-923.)
(750 ILCS 5/409) (from Ch. 40, par. 409)
Sec. 409. Proof of Foreign Marriage.) A marriage which may
have been celebrated or had in any foreign state or country,
may be proved by the acknowledgment of the parties, their
cohabitation, and other evidence. Certified copies of records
of a marriage performed in any foreign state or country
obtained from an embassy or consulate may be admitted as an

HB1452 - 31 - LRB098 02948 HEP 32963 b
exception to the hearsay rule circumstantial testimony.
(Source: P.A. 80-923.)
(750 ILCS 5/411) (from Ch. 40, par. 411)
Sec. 411. Commencement of Action.) (a) Actions for
dissolution of marriage or legal separation shall be commenced
as in other civil cases or, at the option of petitioner, by
filing a praecipe for summons with the clerk of the court and
paying the regular filing fees, in which latter case, a
petition shall be filed within 6 months thereafter, or any
extension for good cause shown granted by the court.
(b) When a praecipe for summons is filed without the
petition, the summons shall recite that petitioner has
commenced suit for dissolution of marriage or legal separation
and shall require the respondent to file his or her appearance
not later than 30 days from the day the summons is served and
to plead to the petitioner's petition within 30 days from the
day the petition is filed.
Until a petition has been filed, the court, pursuant to
subsections (c) and (d) herein, may dismiss the suit, order the
filing of a petition, or grant leave to the respondent to file
a petition in the nature of a counter petition.
After the filing of the petition, the party filing the same
shall, within 2 days, serve a copy thereof upon the other
party, in the manner provided by rule of the Supreme Court for
service of notices in other civil cases.

HB1452 - 32 - LRB098 02948 HEP 32963 b
(c) Unless a respondent voluntarily files an appearance, a
praecipe for summons filed without the petition shall be served
on the respondent not later than 30 days after its issuance,
and upon failure to obtain service upon the respondent within
the 30 day period, or any extension for good cause shown
granted by the court, the court shall dismiss the suit.
(d) An action for dissolution of marriage or legal
separation commenced by the filing a praecipe for summons
without the petition may shall be dismissed unless a petition
for dissolution of marriage or legal separation has been filed
within 6 months after the commencement of the action.
(e) The filing of a praecipe for summons under this Section
constitutes the commencement of an action that serves as
grounds for involuntary dismissal under subdivision (a)(3) of
Section 2-619 of the Code of Civil Procedure of a subsequently
filed petition for dissolution of marriage or legal separation
in another county.
(Source: P.A. 86-630.)
(750 ILCS 5/413) (from Ch. 40, par. 413)
Sec. 413. Judgment.)
(a) A judgment of dissolution of marriage or of legal
separation or of declaration of invalidity of marriage shall be
entered within 60 days of the closing of proofs; however, if
the court enters an order specifying good cause as to why the
court needs an addition 30 days, the judgment shall be entered

HB1452 - 33 - LRB098 02948 HEP 32963 b
within 90 days of the closing of proofs. A judgment of
dissolution of marriage or of legal separation or of
declaration of invalidity of marriage is final when entered,
subject to the right of appeal. An appeal from the judgment of
dissolution of marriage that does not challenge the finding as
to grounds does not delay the finality of that provision of the
judgment which dissolves the marriage, beyond the time for
appealing from that provision, and either of the parties may
remarry pending appeal. An order requiring maintenance or
support of a spouse or a minor child or children entered under
this Act or any other law of this State shall not be suspended
or the enforcement thereof stayed pending the filing and
resolution of post-judgment motions or an appeal.
(b) The clerk of the court shall give notice of the entry
of a judgment of dissolution of marriage or legal separation or
a declaration of invalidity of marriage:
(1) if the marriage is registered in this State, to the
county clerk of the county where the marriage is
registered, who shall enter the fact of dissolution of
marriage or legal separation or declaration of invalidity
of marriage in the marriage registry; and within 45 days
after the close of the month in which the judgment is
entered, the clerk shall forward the certificate to the
Department of Public Health on a form furnished by the
Department; or
(2) if the marriage is registered in another

HB1452 - 34 - LRB098 02948 HEP 32963 b
jurisdiction, to the appropriate official of that
jurisdiction, with the request that he enter the fact of
dissolution of marriage or legal separation or declaration
of invalidity of marriage in the appropriate record.
(c) Upon request by a wife whose marriage is dissolved or
declared invalid, the court shall order her maiden name or a
former name restored.
(d) A judgment of dissolution of marriage or legal
separation, if made, shall be awarded to both of the parties,
and shall provide that it affects the status previously
existing between the parties in the manner adjudged.
(Source: P.A. 96-1072, eff. 1-1-11.)
(750 ILCS 5/452)
Sec. 452. Petition. The parties to a dissolution proceeding
may file a joint petition for simplified dissolution if they
certify that all of the following conditions exist when the
proceeding is commenced:
(a) Neither party is dependent on the other party for
support or each party is willing to waive the right to
support; and the parties understand that consultation with
attorneys may help them determine eligibility for spousal
support.
(b) Either party has met the residency requirement of
Section 401 of this Act.
(c) The requirements of Section 401 regarding

HB1452 - 35 - LRB098 02948 HEP 32963 b
residence or military presence and proof of irreconcilable
differences have been met. Irreconcilable differences have
caused the irretrievable breakdown of the marriage and the
parties have been separated 6 months or more and efforts at
reconciliation have failed or future attempts at
reconciliation would be impracticable and not in the best
interests of the family.
(d) No children were born of the relationship of the
parties or adopted by the parties during the marriage, and
the wife, to her knowledge, is not pregnant by the husband.
(e) The duration of the marriage does not exceed 8
years.
(f) Neither party has any interest in real property or
retirement benefits.
(g) The parties waive any rights to maintenance.
(h) The total fair market value of all marital
property, after deducting all encumbrances, is less than
$50,000 $10,000, the combined gross annualized income from
all sources is less than $60,000 $35,000, and neither party
has a gross annualized income from all sources in excess of
$30,000 $20,000.
(i) The parties have disclosed to each other all assets
and liabilities and their tax returns for all years of the
marriage.
(j) The parties have executed a written agreement
dividing all assets in excess of $100 in value and

HB1452 - 36 - LRB098 02948 HEP 32963 b
allocating responsibility for debts and liabilities
between the parties.
(Source: P.A. 90-731, eff. 7-1-99.)
(750 ILCS 5/453)
Sec. 453. Procedure; Judgment. The parties shall use the
forms, including a form for the affidavit required under
Section 454, provided by the circuit court clerk, and the clerk
shall submit the petition to the court. The court shall
expeditiously consider the cause. Both parties shall appear in
person before the court and, if the court so directs, testify.
The court, after examination of the petition and the parties
and finding the agreement of the parties not unconscionable,
shall enter a judgment granting the dissolution if the
requirements of this Part IV-A have been met and the parties
have submitted the affidavit required under Section 454. No
transcript of proceedings shall be required.
(Source: P.A. 88-39.)
(750 ILCS 5/501) (from Ch. 40, par. 501)
Sec. 501. Temporary Relief.) In all proceedings under this
Act, temporary relief shall be as follows:
(a) Either party may petition or move for:
(1) temporary maintenance or temporary support of a
child of the marriage entitled to support, accompanied by
an affidavit as to the factual basis for the relief

HB1452 - 37 - LRB098 02948 HEP 32963 b
requested. One form of financial affidavit shall be used
statewide. The financial affidavit shall be supported by
documentary evidence including, but not limited to, income
tax returns, pay stubs, and banking statements. The
financial affidavit shall include a space for a party to
declare whether he or she is receiving any federal or State
financial subsidies, and any such subsidies shall be
included in that party's income. Upon motion of a party, a
court may hold a hearing to determine whether and why there
is a disparity between a party's sworn affidavit and the
supporting documentation. If a party intentionally or
recklessly files an inaccurate or misleading financial
affidavit, the court shall impose significant penalties
and sanctions including, but not limited to, costs and
attorney's fees;
(2) a temporary restraining order or preliminary
injunction, accompanied by affidavit showing a factual
basis for any of the following relief:
(i) restraining any person from transferring,
encumbering, concealing or otherwise disposing of any
property except in the usual course of business or for
the necessities of life, and, if so restrained,
requiring him to notify the moving party and his
attorney of any proposed extraordinary expenditures
made after the order is issued; however, an order need
not include an exception for transferring,

HB1452 - 38 - LRB098 02948 HEP 32963 b
encumbering, or otherwise disposing of property in the
usual course of business or for the necessities of life
if the court enters appropriate orders that enable the
parties to pay their necessary personal and business
expenses including, but not limited to, appropriate
professionals to assist the court pursuant to
subsection (l) of Section 503 to administer the payment
and accounting of such living and business expenses;
(ii) enjoining a party from removing a child from
the jurisdiction of the court;
(iii) enjoining a party from striking or
interfering with the personal liberty of the other
party or of any child; or
(iv) providing other injunctive relief proper in
the circumstances; or
(3) other appropriate temporary relief including, in
the discretion of the court, ordering the purchase or sale
of assets and requiring that a party or parties borrow
funds in the appropriate circumstances.
The relief available under this Section is available under
subsection (b) of Section 513. The relief available under this
Section is available under subsection (a) of Section 513 after
the court makes a prima facie finding that, based on the
affidavits before it, it appears that there would be a
likelihood of success on the merits. This relief should be done
on an expedited basis, but should not include temporary

HB1452 - 39 - LRB098 02948 HEP 32963 b
maintenance or injunctive relief as to assets.
Issues concerning temporary maintenance or temporary
support of a child of the marriage entitled to support shall be
dealt with on a summary basis based on financial affidavits,
tax returns, pay stubs, banking statements, and other relevant
documentation. The recipient shall account for the use of his
or her funds in the same manner the recipient is required to
justify his or her use of marital funds. If a party
intentionally or recklessly files an inaccurate or misleading
financial affidavit, the court shall impose significant
penalties and sanctions including, but not limited to, costs
and attorney's fees resulting from the improper
representation.
(b) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds,
on the basis of the moving affidavit or other evidence, that
irreparable injury will result to the moving party if no order
is issued until the time for responding has elapsed.
(c) A response hereunder may be filed within 21 days after
service of notice of motion or at the time specified in the
temporary restraining order.
(c-1) As used in this subsection (c-1), "interim attorney's
fees and costs" means attorney's fees and costs assessed from
time to time while a case is pending, in favor of the
petitioning party's current counsel, for reasonable fees and
costs either already incurred, but not paid, or to be incurred,

HB1452 - 40 - LRB098 02948 HEP 32963 b
and "interim award" means an award of interim attorney's fees
and costs. "Interim award" includes an award on a final fee
petition filed by an attorney no longer involved in the matter.
Interim awards shall be governed by the following:
(1) Except for good cause shown, a proceeding for (or
relating to) interim attorney's fees and costs in a
pre-judgment dissolution proceeding shall be
nonevidentiary and summary in nature. All hearings for or
relating to interim attorney's fees and costs under this
subsection shall be scheduled expeditiously by the court.
When a party files a petition for interim attorney's fees
and costs supported by one or more affidavits that
delineate relevant factors, the court (or a hearing
officer) shall assess an interim award after affording the
opposing party a reasonable opportunity to file a
responsive pleading. A responsive pleading shall set out
the amount of each retainer or other payment or payments,
or both, previously paid to the responding party's counsel
by or on behalf of the responding party. Either party or a
party's attorney may seek interim fees from the marital
estate. In assessing an interim award, the court shall
consider all relevant factors, as presented, that appear
reasonable and necessary, including to the extent
applicable:
(A) the income and property of each party,
including alleged marital property within the sole

HB1452 - 41 - LRB098 02948 HEP 32963 b
control of one party and alleged non-marital property
within access to a party;
(B) the needs of each party;
(C) the realistic earning capacity of each party;
(D) any impairment to present earning capacity of
either party, including age and physical and emotional
health;
(E) the standard of living established during the
marriage;
(F) the degree of complexity of the issues,
including custody, valuation or division (or both) of
closely held businesses, and tax planning, as well as
reasonable needs for expert investigations or expert
witnesses, or both;
(G) each party's access to relevant information;
(H) the amount of the payment or payments made or
reasonably expected to be made to the attorney for the
other party; and
(I) any other factor that the court expressly finds
to be just and equitable.
(2) Any assessment of an interim award (including one
pursuant to an agreed order) shall be without prejudice to
any final allocation and without prejudice as to any claim
or right of either party or any counsel of record at the
time of the award. Any such claim or right may be presented
by the appropriate party or counsel at a hearing on

HB1452 - 42 - LRB098 02948 HEP 32963 b
contribution under subsection (j) of Section 503 or a
hearing on counsel's fees under subsection (c) of Section
508. Unless otherwise ordered by the court at the final
hearing between the parties or in a hearing under
subsection (j) of Section 503 or subsection (c) of Section
508, interim awards, as well as the aggregate of all other
payments by each party to counsel and related payments to
third parties, shall be deemed to have been advances from
the parties' marital estate. Any portion of any interim
award constituting an overpayment shall be remitted back to
the appropriate party or parties, or, alternatively, to
successor counsel, as the court determines and directs,
after notice. An order for the award of interim attorney's
fees shall be form in nature.
(3) In any proceeding under this subsection (c-1), the
court (or hearing officer) shall assess an interim award
against an opposing party in an amount necessary to enable
the petitioning party to participate adequately in the
litigation, upon findings that the party from whom
attorney's fees and costs are sought has the financial
ability to pay reasonable amounts and that the party
seeking attorney's fees and costs lacks sufficient access
to assets or income to pay reasonable amounts. In
determining an award, the court shall consider whether
adequate participation in the litigation requires
expenditure of more fees and costs for a party that is not

HB1452 - 43 - LRB098 02948 HEP 32963 b
in control of assets or relevant information. Except for
good cause shown, an interim award shall not be less than
payments made or reasonably expected to be made to the
counsel for the other party. If the court finds that both
parties lack financial ability or access to assets or
income for reasonable attorney's fees and costs, the court
(or hearing officer) shall enter an order that allocates
available funds for each party's counsel, including
retainers or interim payments, or both, previously paid, in
a manner that achieves substantial parity between the
parties.
(4) The changes to this Section 501 made by this
amendatory Act of 1996 apply to cases pending on or after
June 1, 1997, except as otherwise provided in Section 508.
(c-2) Allocation of use of marital residence. Use of the
marital residence shall be determined upon an objective
standard. Where there is on file a verified complaint or
verified petition seeking temporary eviction from the marital
residence, the court may, during the pendency of the
proceeding, only in cases where the physical or mental well
being of either spouse or their children is jeopardized by
occupancy of the marital residence by both spouses, and only
upon due notice and full hearing, unless waived by the court on
good cause shown, enter orders granting the exclusive
possession of the marital residence to either spouse, by
eviction from, or restoration of, the marital residence, until

HB1452 - 44 - LRB098 02948 HEP 32963 b
the final determination of the cause. The order may also
provide for the nesting of children with the children having
exclusive possession of the residence and the spouses
alternating occupancy. No such order shall in any manner affect
any estate in homestead property of either party. In entering
orders under this subsection (c-2), the court shall balance
hardships to the parties.
(d) A temporary order entered under this Section:
(1) does not prejudice the rights of the parties or the
child which are to be adjudicated at subsequent hearings in
the proceeding;
(2) may be revoked or modified before final judgment,
on a showing by affidavit and upon hearing; and
(3) terminates when the final judgment is entered or
when the petition for dissolution of marriage or legal
separation or declaration of invalidity of marriage is
dismissed.
(Source: P.A. 96-583, eff. 1-1-10.)
(750 ILCS 5/501.1) (from Ch. 40, par. 501.1)
Sec. 501.1. Dissolution action stay.
(a) Upon service of a summons and petition or praecipe
filed under the Illinois Marriage and Dissolution of Marriage
Act or upon the filing of the respondent's appearance in the
proceeding, whichever first occurs, a dissolution action stay
shall be in effect against both parties and their agents and

HB1452 - 45 - LRB098 02948 HEP 32963 b
employees, without bond or further notice, until a final
judgement is entered, the proceeding is dismissed, or until
further order of the court, :
(1) restraining both parties from transferring,
encumbering, concealing, destroying, spending, damaging, or in
any way disposing of any property, without the consent of the
other party or an order of the court, except in the usual
course of business, for the necessities of life, or for
reasonable costs, expenses, and attorney's fees arising from
the proceeding, as well as requiring each party to provide
written notice to the other party and his or her attorney of
any proposed extraordinary expenditure or transaction;
(2) restraining both parties from physically abusing,
harassing, intimidating, striking, or interfering with the
personal liberty of the other party or the minor children of
either party. ; and
(3) restraining both parties from removing any minor
child of either party from the State of Illinois or from
concealing any such child from the other party, without the
consent of the other party or an order of the court.
The restraint provided in this subsection (a) does not
operate to make unavailable any of the remedies provided in the
Illinois Domestic Violence Act of 1986.
A restraint of the parties' actions under this Section does
not affect the rights of a bona fide purchaser or mortgagee
whose interest in real property or whose beneficial interest in

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

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

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

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

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

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

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

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

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

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identity of the contributing estates, the commingled
property shall be deemed transmuted to marital property,
subject to the provisions of paragraph (2) of this
subsection (c).
(2)(A) When one estate of property makes a contribution
to another estate of property, the contributing estate
shall be reimbursed from the estate receiving the
contribution notwithstanding any transmutation. No such
reimbursement shall be made with respect to a contribution
that is not retraceable by clear and convincing evidence or
that was a gift. The court may provide for reimbursement
out of the marital property to be divided or by imposing a
lien against the non-marital property that received the
contribution.
(B) When a spouse contributes personal effort to
non-marital property, it shall be deemed a contribution by
the marital estate, which shall receive a reimbursements
for said efforts if the efforts are significant and result
in substantial appreciation to the non-marital property.
The court may provide for reimbursement out of the marital
property to be divided or by imposing a lien against the
non-marital property which received the contribution.
(1) When marital and non-marital property are
commingled by contributing one estate of property into
another resulting in a loss of identity of the contributed
property, the classification of the contributed property

HB1452 - 56 - LRB098 02948 HEP 32963 b
is transmuted to the estate receiving the contribution,
subject to the provisions of paragraph (2) of this
subsection; provided that if marital and non-marital
property are commingled into newly acquired property
resulting in a loss of identity of the contributing
estates, the commingled property shall be deemed
transmuted to marital property, subject to the provisions
of paragraph (2) of this subsection.
(2) When one estate of property makes a contribution to
another estate of property, or when a spouse contributes
personal effort to non-marital property, the contributing
estate shall be reimbursed from the estate receiving the
contribution notwithstanding any transmutation; provided,
that no such reimbursement shall be made with respect to a
contribution which is not retraceable by clear and
convincing evidence, or was a gift, or, in the case of a
contribution of personal effort of a spouse to non-marital
property, unless the effort is significant and results in
substantial appreciation of the non-marital property.
Personal effort of a spouse shall be deemed a contribution
by the marital estate. The court may provide for
reimbursement out of the marital property to be divided or
by imposing a lien against the non-marital property which
received the contribution.
(d) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage, or in a proceeding for

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disposition of property following dissolution of marriage by a
court that which lacked personal jurisdiction over the absent
spouse or lacked jurisdiction to dispose of the property, the
court shall assign each spouse's non-marital property to that
spouse. It also shall divide the marital property without
regard to marital misconduct in just proportions considering
all relevant factors, including:
(1) each party's the contribution of each party to the
acquisition, preservation, or increase or decrease in
value of the marital or non-marital property, including (i)
any such decrease attributable to a payment deemed to have
been an advance from the parties' marital estate under
subsection (c-1)(2) of Section 501; and (ii) the
contribution of a spouse as a homemaker or to the family
unit; and (iii) whether the contribution is after the
commencement of a dissolution of marriage or declaration of
invalidity proceeding;
(2) the dissipation by each party of the marital or
non-marital property, provided that a party's claim of
dissipation is subject to the following conditions:
(i) a notice of intent to claim dissipation shall
be given no later than 60 days before trial or 30 days
after discovery closes, whichever is later;
(ii) the notice of intent to claim dissipation
shall contain, at a minimum, a date or period of time
during which the marriage began undergoing an

HB1452 - 58 - LRB098 02948 HEP 32963 b
irretrievable breakdown, an identification of the
property dissipated, and a date or period of time
during which the dissipation occurred;
(iii) the notice of intent to claim dissipation
shall be filed with the clerk of the court and be
served pursuant to applicable rules;
(iv) no dissipation shall be deemed to have
occurred prior to 5 years before the filing of the
petition for dissolution of marriage, or 3 years after
the party claiming dissipation knew or should have
known of the dissipation. ;
As used in this subdivision (2), "dissipation" means
either party's use of assets or income for a purpose
unrelated to the marriage, during a period that the
marriage is undergoing an irretrievable breakdown, not to
exceed 3 years prior to the date of the commencement of a
dissolution proceeding or declaration of invalidity unless
a party fraudulently conceals or affirmatively misleads
his or her spouse about any material fact relating to when
the marriage was irretrievably broken down, then to the
extent such evidence was fraudulently concealed or
affirmatively misrepresented by the dissipating spouse;
(3) the value of the property assigned to each spouse;
(4) the duration of the marriage;
(5) the relevant economic circumstances of each spouse
when the division of property is to become effective,

HB1452 - 59 - LRB098 02948 HEP 32963 b
including the desirability of awarding the family home, or
the right to live therein for reasonable periods, to the
spouse having the primary residence custody of the
children;
(6) any obligations and rights arising from a prior
marriage of either party;
(7) any prenuptial or postnuptial antenuptial
agreement of the parties;
(8) the age, health, station, occupation, amount and
sources of income, vocational skills, employability,
estate, liabilities, and needs of each of the parties;
(9) the custodial provisions for any children;
(10) whether the apportionment is in lieu of or in
addition to maintenance;
(11) the reasonable opportunity of each spouse for
future acquisition of capital assets and income; and
(12) the tax consequences of the property division upon
the respective economic circumstances of the parties.
When the court does not divide the property on a 50% basis,
the court shall make specific findings of fact as to the basis
for deviating therefrom.
(e) Each spouse has a species of common ownership in the
marital property which vests at the time dissolution
proceedings are commenced and continues only during the
pendency of the action. Any such interest in marital property
shall not encumber that property so as to restrict its

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transfer, assignment or conveyance by the title holder unless
such title holder is specifically enjoined from making such
transfer, assignment or conveyance.
(f) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage or in a proceeding for
disposition of property following dissolution of marriage by a
court that lacked personal jurisdiction over the absent spouse
or lacked jurisdiction to dispose of the property, the court,
in determining the value of the marital and non-marital
property for purposes of dividing the property, shall value the
property as of the date of trial or some other date as close to
the date of trial as is practicable.
(g) The court if necessary to protect and promote the best
interests of the children may set aside a portion of the
jointly or separately held estates of the parties in a separate
fund or trust for the support, maintenance, education, physical
and mental health, and general welfare of any minor, dependent,
or incompetent child of the parties. In making a determination
under this subsection, the court may consider, among other
things, the conviction of a party of any of the offenses set
forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
12-15, or 12-16, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 if the victim is
a child of one or both of the parties, and there is a need for,
and cost of, care, healing and counseling for the child who is

HB1452 - 61 - LRB098 02948 HEP 32963 b
the victim of the crime.
(h) Unless specifically directed by a reviewing court, or
upon good cause shown, the court shall not on remand consider
any increase or decrease in the value of any "marital" or
"non-marital" property occurring since the assessment of such
property at the original trial or hearing, but shall use only
that assessment made at the original trial or hearing.
(i) The court may make such judgments affecting the marital
property as may be just and may enforce such judgments by
ordering a sale of marital property, with proceeds therefrom to
be applied as determined by the court.
(j) After proofs have closed in the final hearing on all
other issues between the parties (or in conjunction with the
final hearing, if all parties so stipulate) and before judgment
is entered, a party's petition for contribution to fees and
costs incurred in the proceeding shall be heard and decided, in
accordance with the following provisions:
(1) A petition for contribution, if not filed before
the final hearing on other issues between the parties,
shall be filed no later than 30 days after the closing of
proofs in the final hearing or within such other period as
the court orders.
(2) Any award of contribution to one party from the
other party shall be based on the criteria for division of
marital property under this Section 503 and, if maintenance
has been awarded, on the criteria for an award of

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maintenance under Section 504.
(3) The filing of a petition for contribution shall not
be deemed to constitute a waiver of the attorney-client
privilege between the petitioning party and current or
former counsel; and such a waiver shall not constitute a
prerequisite to a hearing for contribution. If either
party's presentation on contribution, however, includes
evidence within the scope of the attorney-client
privilege, the disclosure or disclosures shall be narrowly
construed and shall not be deemed by the court to
constitute a general waiver of the privilege as to matters
beyond the scope of the presentation.
(4) No finding on which a contribution award is based
or denied shall be asserted against counsel or former
counsel for purposes of any hearing under subsection (c) or
(e) of Section 508.
(5) A contribution award (payable to either the
petitioning party or the party's counsel, or jointly, as
the court determines) may be in the form of either a set
dollar amount or a percentage of fees and costs (or a
portion of fees and costs) to be subsequently agreed upon
by the petitioning party and counsel or, alternatively,
thereafter determined in a hearing pursuant to subsection
(c) of Section 508 or previously or thereafter determined
in an independent proceeding under subsection (e) of
Section 508.

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(6) The changes to this Section 503 made by this
amendatory Act of 1996 apply to cases pending on or after
June 1, 1997, except as otherwise provided in Section 508.
(k) In determining the value of assets or property under
this Section, the court shall employ a fair market value
standard. The date of valuation for the purposes of division of
assets shall be the date of trial or such other date as agreed
by the parties or ordered by the court, within its discretion.
(l) The court may seek the advice of financial experts or
other professionals, whether or not employed by the court on a
regular basis. The advice given shall be in writing and made
available by the court to counsel. Counsel may examine as a
witness any professional consulted by the court designated as
the court's witness. Costs of a professional shall be allocated
by the court between the parties.
The changes made to this Section by this amendatory Act of
the 97th General Assembly apply only to petitions for
dissolution of marriage filed on or after the effective date of
this amendatory Act of the 97th General Assembly.
(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section
985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff.
7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff.
1-1-13.)
(750 ILCS 5/504) (from Ch. 40, par. 504)
Sec. 504. Maintenance.

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(a) In a proceeding for dissolution of marriage or legal
separation or declaration of invalidity of marriage, or a
proceeding for maintenance following dissolution of the
marriage by a court which lacked personal jurisdiction over the
absent spouse, the court may grant a temporary or permanent
maintenance award for either spouse in amounts and for periods
of time as the court deems just, without regard to marital
misconduct, in gross or for fixed or indefinite periods of
time, and the maintenance may be paid from the income or
property of the other spouse after consideration of all
relevant factors, including:
(1) the income and property of each party, including
marital property apportioned and non-marital property
assigned to the party seeking maintenance as well as all
financial obligations imposed on the parties as a result of
the dissolution of marriage;
(2) the needs of each party;
(3) the realistic present and the realistic future
earning capacity of each party;
(4) any impairment of the present and future earning
capacity of the party seeking maintenance due to that party
devoting time to domestic duties or having forgone or
delayed education, training, employment, or career
opportunities due to the marriage. The court shall consider
any impairment of the realistic present or the realistic
future earning capacity of the party against whom

HB1452 - 65 - LRB098 02948 HEP 32963 b
maintenance is sought as a result of the marriage and the
ultimate provisions of the judgment;
(5) the time necessary to enable the party seeking
maintenance to acquire appropriate education, training,
and employment, and whether that party is able to support
himself or herself through appropriate employment or is the
custodian of a child making it appropriate that the
custodian not seek employment;
(6) the standard of living established during the
marriage;
(7) the duration of the marriage;
(8) the age, health, station, occupation, amount and
sources of income, vocational skills, employability,
estate, liabilities, and needs of each of the parties the
age and the physical and emotional condition of both
parties;
(8.5) any custodial arrangements;
(9) the tax consequences of the property division upon
the respective economic circumstances of the parties;
(9.5) whether maintenance is in lieu of or in addition
to the property allocation;
(10) contributions and services by the party seeking
maintenance to the education, training, career or career
potential, or license of the other spouse;
(10.5) contributions made to the marriage, including,
without limitation, domestic duties, homemaker

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contributions, and other financial and non-financial
contribution to the marriage;
(11) any valid agreement of the parties; and
(12) any other factor that the court expressly finds to
be just and equitable.
(b) (Blank).
(b-1) The court may order that maintenance be paid in the
following manner:
(1) temporary maintenance under Section 501;
(2) rehabilitative maintenance for a period of time,
subject to a review;
(3) maintenance in gross;
(4) permanent maintenance for an indefinite period.
(b-2) An order for unallocated maintenance and child
support may not be entered on or after the effective date of
this amendatory Act of the 98th General Assembly. This
subsection (b-2) does not affect an order for unallocated
maintenance and child support that was entered before the
effective date of this amendatory Act of the 98th General
Assembly.
(b-5) Any maintenance obligation including any unallocated
maintenance and child support obligation, or any portion of any
support obligation, that becomes due and remains unpaid shall
accrue simple interest as set forth in Section 505 of this Act.
(b-6) The trial court may secure any maintenance award with
an order requiring the spouse paying maintenance to provide an

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appropriate amount of life insurance, naming the recipient
spouse as the beneficiary.
(b-7) Any new or existing maintenance order including any
unallocated maintenance and child support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder. Each such judgment to be in the amount of each
payment or installment of support and each such judgment to be
deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order,
except no judgment shall arise as to any installment coming due
after the termination of maintenance as provided by Section 510
of the Illinois Marriage and Dissolution of Marriage Act or the
provisions of any order for maintenance. Each such judgment
shall have the full force, effect and attributes of any other
judgment of this State, including the ability to be enforced.
Notwithstanding any other State or local law to the contrary, a
lien arises by operation of law against the real and personal
property of the obligor for each installment of overdue support
owed by the obligor.
(c) The court may grant and enforce the payment of
maintenance during the pendency of an appeal as the court shall
deem reasonable and proper.
(d) No maintenance shall accrue during the period in which
a party is imprisoned for failure to comply with the court's
order for the payment of such maintenance.

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(e) When maintenance is to be paid through the clerk of the
court in a county of 1,000,000 inhabitants or less, the order
shall direct the obligor to pay to the clerk, in addition to
the maintenance payments, all fees imposed by the county board
under paragraph (3) of subsection (u) of Section 27.1 of the
Clerks of Courts Act. Unless paid in cash or pursuant to an
order for withholding, the payment of the fee shall be by a
separate instrument from the support payment and shall be made
to the order of the Clerk.
(f) An award ordered by a court upon entry of a dissolution
judgment or upon entry of an award of maintenance following a
reservation of maintenance in a dissolution judgment may be
reasonably secured, in whole or in part, by life insurance on
the payor's life on terms as to which the parties agree, or, if
they do not agree, on such terms determined by the court,
subject to the following:
(1) With respect to existing life insurance, provided
the court is apprised through evidence, stipulation, or
otherwise as to level of death benefits, premium, and other
relevant data and makes findings relative thereto, the
court may allocate death benefits, the right to assign
death benefits, or the obligation for future premium
payments between the parties as it deems just.
(2) To the extent the court determines that its award
should be secured, in whole or in part, by new life
insurance on the payor's life, the court may only order:

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(i) that the payor cooperate on all appropriate
steps for the payee to obtain such new life insurance;
and
(ii) that the payee, at his or her sole option and
expense, may obtain such new life insurance on the
payor's life up to a maximum level of death benefit
coverage, or descending death benefit coverage, as is
set by the court, such level not to exceed a reasonable
amount in light of the court's award, with the payee or
the payee's designee being the beneficiary of such life
insurance.
In determining the maximum level of death benefit coverage,
the court shall take into account all relevant facts and
circumstances, including the impact on access to life
insurance by the maintenance payor. If in resolving any
issues under paragraph (2) of this subsection (f) a court
reviews any submitted or proposed application for new
insurance on the life of a maintenance payor, the review
shall be in camera.
(3) A judgment shall expressly set forth that all death
benefits paid under life insurance on a payor's life
maintained or obtained pursuant to this subsection to
secure maintenance are designated as excludable from the
gross income of the maintenance payee under Section
71(b)(1)(B) of the Internal Revenue Code, unless an
agreement or stipulation of the parties otherwise

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provides.
(4) Life insurance may be awarded only at the time of
the initial judgment.
(5) The payor shall have the sole obligation to pay the
premiums.
(6) All applications shall be made at the time of the
initial judgment and the court shall be limited to an in
camera review of the application in determining whether the
application was made in good faith as to avoid discovery
abuse.
(7) The court must consider the ability of the insured
spouse to obtain additional insurance.
(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
97-813, eff. 7-13-12.)
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court that lacked personal jurisdiction over the
absent spouse, a proceeding for modification of a previous
order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the
court may order either or both parents owing a duty of support
to a child of the marriage to pay an amount reasonable and

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necessary for the support of the child, without regard to
marital misconduct. The duty of support owed to a child
includes the obligation to provide for the reasonable and
necessary educational, physical, mental and emotional health
needs of the child. For purposes of this Section, the term
"child" shall include any child under age 18 and any child
under age 19 who is still attending high school. For purposes
of this Section, the term "supporting parent" means the parent
obligated to pay support to the other parent.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court finds that a deviation from the guidelines
is appropriate after considering the best interest of the
child in light of the evidence, including, but not limited
to, one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the

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custodial parent;
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical, mental, and emotional needs of
the child;
(d-5) the educational needs of the child; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have
been required under the guidelines, if determinable. The
court shall include the reason or reasons for the variance
from the guidelines.
(2.5) The court, in its discretion, in addition to
setting child support pursuant to the guidelines and
factors, may order either or both parents owing a duty of
support to a child of the marriage to contribute to the
following expenses, if determined by the court to be
reasonable:
(a) health needs not covered by insurance;
(b) child care;
(c) education; and
(d) extracurricular activities.
(3) "Net income" is defined as the total of all income
from all sources, minus the following deductions:
(a) Federal income tax (properly calculated

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withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required by
law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums and premiums
for life insurance ordered by the court to reasonably
secure payment of ordered child support;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net income
in determining the minimum amount of support to be
ordered only for the period that such payments are due
and shall enter an order containing provisions for its
self-executing modification upon termination of such
payment period;
(i) Foster care payments paid by the Department of
Children and Family Services for providing licensed

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foster care to a foster child.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that insurance,
or that portion of the premiums for which the supporting
party is responsible in the case of insurance provided
through an employer's health insurance plan where the
employer pays a portion of the premiums, shall be
subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, and in which the court
is requiring payment of support for the period before the
date an order for current support is entered, there is a
rebuttable presumption that the supporting party's net
income for the prior period was the same as his or her net
income at the time the order for current support is
entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support
in an amount considered reasonable in the particular case.
The final order in all cases shall state the support level
in dollar amounts. However, if the court finds that the
child support amount cannot be expressed exclusively as a
dollar amount because all or a portion of the payor's net

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income is uncertain as to source, time of payment, or
amount, the court may order a percentage amount of support
in addition to a specific dollar amount and enter such
other orders as may be necessary to determine and enforce,
on a timely basis, the applicable support ordered.
(6) If (i) the supporting non-custodial parent was
properly served with a request for discovery of financial
information relating to the supporting non-custodial
parent's ability to provide child support, (ii) the
supporting non-custodial parent failed to comply with the
request, despite having been ordered to do so by the court,
and (iii) the supporting non-custodial parent is not
present at the hearing to determine support despite having
received proper notice, then any relevant financial
information concerning the supporting non-custodial
parent's ability to provide child support that was obtained
pursuant to subpoena and proper notice shall be admitted
into evidence without the need to establish any further
foundation for its admission.
(a-5) In an action to enforce an order for support based on
the respondent's failure to make support payments as required
by the order, notice of proceedings to hold the respondent in
contempt for that failure may be served on the respondent by
personal service or by regular mail addressed to the
respondent's last known address. The respondent's last known
address may be determined from records of the clerk of the

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court, from the Federal Case Registry of Child Support Orders,
or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the Court may,
after finding the parent guilty of contempt, order that the
parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period not
to exceed 6 months; provided, however, that the Court may
permit the parent to be released for periods of time during
the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the earnings
of a parent during a sentence of periodic imprisonment paid to
the Clerk of the Circuit Court or to the parent having the
majority of residential responsibility custody or to the
guardian having the majority of residential responsibility
custody of the children of the sentenced parent for the support
of said children until further order of the Court.
If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to

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other penalties provided by law may order that the parent do
one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to
withholding for child support.
If there is a unity of interest and ownership sufficient to
render no financial separation between a supporting
non-custodial parent and another person or persons or business
entity, the court may pierce the ownership veil of the person,
persons, or business entity to discover assets of the
supporting non-custodial parent held in the name of that
person, those persons, or that business entity. The following
circumstances are sufficient to authorize a court to order
discovery of the assets of a person, persons, or business
entity and to compel the application of any discovered assets
toward payment on the judgment for support:
(1) the supporting non-custodial parent and the
person, persons, or business entity maintain records
together.
(2) the supporting non-custodial parent and the
person, persons, or business entity fail to maintain an
arm's length relationship between themselves with regard

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to any assets.
(3) the supporting non-custodial parent transfers
assets to the person, persons, or business entity with the
intent to perpetrate a fraud on the custodial parent
receiving the support.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to
the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the
real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The clerk of the circuit
court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on

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forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement

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that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.
(c) A one-time charge of 20% is imposable upon the amount
of past-due child support owed on July 1, 1988 which has
accrued under a support order entered by the court. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by
the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such
judgment shall have the full force, effect and attributes of
any other judgment of this State, including the ability to be
enforced. Notwithstanding any other State or local law to the
contrary, a lien arises by operation of law against the real

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and personal property of the supporting noncustodial parent for
each installment of overdue support owed by the supporting
noncustodial parent.
(e) When child support is to be paid through the clerk of
the court in a county of 1,000,000 inhabitants or less, the
order shall direct the obligor to pay to the clerk, in addition
to the child support payments, all fees imposed by the county
board under paragraph (3) of subsection (u) of Section 27.1 of
the Clerks of Courts Act. Unless paid in cash or pursuant to an
order for withholding, the payment of the fee shall be by a
separate instrument from the support payment and shall be made
to the order of the Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court
and, in cases in which a party is receiving child and spouse
services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days,
(i) of the name and address of any new employer of the obligor,
(ii) whether the obligor has access to health insurance
coverage through the employer or other group coverage and, if
so, the policy name and number and the names of persons covered
under the policy, and (iii) of any new residential or mailing
address or telephone number of the supporting non-custodial
parent. In any subsequent action to enforce a support order,
upon a sufficient showing that a diligent effort has been made
to ascertain the location of the supporting non-custodial

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parent, service of process or provision of notice necessary in
the case may be made at the last known address of the
supporting non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically

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continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after the effective date of this amendatory Act of the 93rd
General Assembly must contain a statement notifying the parties
of the requirements of this subsection. Failure to include the
statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to
the clerk of court within 10 days each time the obligor obtains
new employment, and each time the obligor's employment is
terminated for any reason. The report shall be in writing and

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shall, in the case of new employment, include the name and
address of the new employer. Failure to report new employment
or the termination of current employment, if coupled with
nonpayment of support for a period in excess of 60 days, is
indirect criminal contempt. For any obligor arrested for
failure to report new employment bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under
this Section shall also include a provision requiring the
obligor and obligee parents to advise each other of a change in
residence within 5 days of the change except when the court
finds that the physical, mental, or emotional health of a party
or that of a child, or both, would be seriously endangered by
disclosure of the party's address.
(i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 96-1134, eff. 7-21-10; 97-186, eff. 7-22-11;
97-608, eff. 1-1-12; 97-813, eff. 7-13-12; 97-878, eff. 8-2-12;
97-941, eff. 1-1-13; 97-1029, eff. 1-1-13; revised 8-23-12.)
(750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
Sec. 505.1. (a) Whenever it is determined in a proceeding
to establish or enforce a child support or maintenance

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obligation that the person owing a duty of support is
unemployed, the court may order the person to seek employment
and report periodically to the court with a diary, listing or
other memorandum of his or her efforts in accordance with such
order. Additionally, the court may order the unemployed person
to report to the Department of Employment Security for job
search services or to make application with the local Job
Training Partnership Act provider for participation in job
search, training or work programs and where the duty of support
is owed to a child receiving child support enforcement services
under Article X of the Illinois Public Aid Code, as amended,
the court may order the unemployed person to report to the
Department of Healthcare and Family Services for participation
in job search, training or work programs established under
Section 9-6 and Article IXA of that Code.
(b) Whenever it is determined that a person owes past-due
support for a child or for a child and the parent with whom the
child is living, and the child is receiving assistance under
the Illinois Public Aid Code, the court shall order at the
request of the Department of Healthcare and Family Services:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is unemployed,
is subject to such a plan, and is not incapacitated, that
the person participate in such job search, training, or
work programs established under Section 9-6 and Article IXA

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of the Illinois Public Aid Code as the court deems
appropriate.
(c) The court may construe the overall facts and
circumstances of the case at hand.
(Source: P.A. 95-331, eff. 8-21-07.)
(750 ILCS 5/508) (from Ch. 40, par. 508)
Sec. 508. Attorney's Fees; Client's Rights and
Responsibilities Respecting Fees and Costs.
(a) The court from time to time, after due notice and
hearing, and after considering the financial resources of the
parties, may order any party to pay a reasonable amount for his
own or the other party's costs and attorney's fees. Interim
attorney's fees and costs may be awarded from the opposing
party, in a pre-judgment dissolution proceeding in accordance
with subsection (c-1) of Section 501 and in any other
proceeding under this subsection. At the conclusion of any
pre-judgment dissolution proceeding under this subsection,
contribution to attorney's fees and costs may be awarded from
the opposing party in accordance with subsection (j) of Section
503 and in any other proceeding under this subsection. Fees and
costs may be awarded in any proceeding to counsel from a former
client in accordance with subsection (c) of this Section.
Awards may be made in connection with the following:
(1) The maintenance or defense of any proceeding under
this Act.

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(2) The enforcement or modification of any order or
judgment under this Act.
(3) The defense of an appeal of any order or judgment
under this Act, including the defense of appeals of
post-judgment orders.
(3.1) The prosecution of any claim on appeal (if the
prosecuting party has substantially prevailed).
(4) The maintenance or defense of a petition brought
under Section 2-1401 of the Code of Civil Procedure seeking
relief from a final order or judgment under this Act. Fees
incurred with respect to motions under Section 2-1401 of
the Code of Civil Procedure maybe granted only if the
underlying motion is granted.
(5) The costs and legal services of an attorney
rendered in preparation of the commencement of the
proceeding brought under this Act.
(6) Ancillary litigation incident to, or reasonably
connected with, a proceeding under this Act.
(7) Costs and attorney's fees incurred in an action
under the Hague Convention on the Civil Aspects of
International Child Abduction.
All petitions for or relating to interim fees and costs
under this subsection shall be accompanied by an affidavit as
to the factual basis for the relief requested and all hearings
relative to any such petition shall be scheduled expeditiously
by the court. All provisions for contribution under this

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subsection shall also be subject to paragraphs (3), (4), and
(5) of subsection (j) of Section 503.
The court may order that the award of attorney's fees and
costs (including an interim or contribution award) shall be
paid directly to the attorney, who may enforce the order in his
or her name, or that it shall be paid to the appropriate party.
Judgment may be entered and enforcement had accordingly. Except
as otherwise provided in subdivision (e)(1) of this Section,
subsection (c) of this Section is exclusive as to the right of
any counsel (or former counsel) of record to petition a court
for an award and judgment for final fees and costs during the
pendency of a proceeding under this Act.
A petition for temporary attorney's fees in a post-judgment
case shall be heard on a non-evidentiary, summary basis.
(b) In every proceeding for the enforcement of an order or
judgment when the court finds that the failure to comply with
the order or judgment was without compelling cause or
justification, the court shall order the party against whom the
proceeding is brought to pay promptly the costs and reasonable
attorney's fees of the prevailing party. If non-compliance is
with respect to a discovery order, the non-compliance is
presumptively without compelling cause or justification, and
the presumption may only be rebutted by clear and convincing
evidence. If at any time a court finds that a hearing under
this Act was precipitated or conducted for any improper
purpose, the court shall allocate fees and costs of all parties

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for the hearing to the party or counsel found to have acted
improperly. Improper purposes include, but are not limited to,
harassment, unnecessary delay, or other acts needlessly
increasing the cost of litigation.
(c) Final hearings for attorney's fees and costs against an
attorney's own client, pursuant to a Petition for Setting Final
Fees and Costs of either a counsel or a client, shall be
governed by the following:
(1) No petition of a counsel of record may be filed
against a client unless the filing counsel previously has
been granted leave to withdraw as counsel of record or has
filed a motion for leave to withdraw as counsel. On receipt
of a petition of a client under this subsection (c), the
counsel of record shall promptly file a motion for leave to
withdraw as counsel. If the client and the counsel of
record agree, however, a hearing on the motion for leave to
withdraw as counsel filed pursuant to this subdivision
(c)(1) may be deferred until completion of any alternative
dispute resolution procedure under subdivision (c)(4). As
to any Petition for Setting Final Fees and Costs against a
client or counsel over whom the court has not obtained
jurisdiction, a separate summons shall issue. Whenever a
separate summons is not required, original notice as to a
Petition for Setting Final Fees and Costs may be given, and
documents served, in accordance with Illinois Supreme
Court Rules 11 and 12.

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(2) No final hearing under this subsection (c) is
permitted unless: (i) the counsel and the client had
entered into a written engagement agreement at the time the
client retained the counsel (or reasonably soon
thereafter) and the agreement meets the requirements of
subsection (f); (ii) the written engagement agreement is
attached to an affidavit of counsel that is filed with the
petition or with the counsel's response to a client's
petition; (iii) judgment in any contribution hearing on
behalf of the client has been entered or the right to a
contribution hearing under subsection (j) of Section 503
has been waived; (iv) the counsel has withdrawn as counsel
of record; and (v) the petition seeks adjudication of all
unresolved claims for fees and costs between the counsel
and the client. Irrespective of a Petition for Setting
Final Fees and Costs being heard in conjunction with an
original proceeding under this Act, the relief requested
under a Petition for Setting Final Fees and Costs
constitutes a distinct cause of action. A pending but
undetermined Petition for Setting Final Fees and Costs
shall not affect appealability of any judgment or other
adjudication in the original proceeding.
(3) The determination of reasonable attorney's fees
and costs either under this subsection (c), whether
initiated by a counsel or a client, or in an independent
proceeding for services within the scope of subdivisions

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(1) through (5) of subsection (a), is within the sound
discretion of the trial court. The court shall first
consider the written engagement agreement and, if the court
finds that the former client and the filing counsel,
pursuant to their written engagement agreement, entered
into a contract which meets applicable requirements of
court rules and addresses all material terms, then the
contract shall be enforceable in accordance with its terms,
subject to the further requirements of this subdivision
(c)(3). Before ordering enforcement, however, the court
shall consider the performance pursuant to the contract.
Any amount awarded by the court must be found to be fair
compensation for the services, pursuant to the contract,
that the court finds were reasonable and necessary. Quantum
meruit principles shall govern any award for legal services
performed that is not based on the terms of the written
engagement agreement (except that, if a court expressly
finds in a particular case that aggregate billings to a
client were unconscionably excessive, the court in its
discretion may reduce the award otherwise determined
appropriate or deny fees altogether).
(4) No final hearing under this subsection (c) is
permitted unless any controversy over fees and costs (that
is not otherwise subject to some form of alternative
dispute resolution) has first been submitted to mediation,
arbitration, or any other court approved alternative

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dispute resolution procedure, except as follows:
(A) In any circuit court for a single county with a
population in excess of 1,000,000, the requirement of
the controversy being submitted to an alternative
dispute resolution procedure is mandatory unless the
client and the counsel both affirmatively opt out of
such procedures; or
(B) In any other circuit court, the requirement of
the controversy being submitted to an alternative
dispute resolution procedure is mandatory only if
neither the client nor the counsel affirmatively opts
out of such procedures.
After completion of any such procedure (or after one or
both sides has opted out of such procedures), if the
dispute is unresolved, any pending motion for leave to
withdraw as counsel shall be promptly granted and a final
hearing under this subsection (c) shall be expeditiously
set and completed.
(5) A petition (or a praecipe for fee hearing without
the petition) shall be filed no later than the end of the
period in which it is permissible to file a motion pursuant
to Section 2-1203 of the Code of Civil Procedure. A
praecipe for fee hearing shall be dismissed if a Petition
for Setting Final Fees and Costs is not filed within 60
days after the filing of the praecipe. A counsel who
becomes a party by filing a Petition for Setting Final Fees

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and Costs, or as a result of the client filing a Petition
for Setting Final Fees and Costs, shall not be entitled to
exercise the right to a substitution of a judge without
cause under subdivision (a)(2) of Section 2-1001 of the
Code of Civil Procedure. Each of the foregoing deadlines
for the filing of a praecipe or a petition shall be:
(A) tolled if a motion is filed under Section 2-1203 of
the Code of Civil Procedure, in which instance a petition
(or a praecipe) shall be filed no later than 30 days
following disposition of all Section 2-1203 motions; or
(B) tolled if a notice of appeal is filed, in which
instance a petition (or praecipe) shall be filed no later
than 30 days following the date jurisdiction on the issue
appealed is returned to the trial court.
If a praecipe has been timely filed, then by timely filed
written stipulation between counsel and client (or former
client), the deadline for the filing of a petition may be
extended for a period of up to one year.
(c-5) Counsel that has either withdrawn or been discharged
may file and have heard a petition to be paid from the marital
estate during the pendency of the case. The court shall review
the records and any hearing shall be conducted between the
petitioning counsel and the former client with the
determination of reasonableness of the claim based upon the
terms of the attorney-client relationship. Any award shall be
paid from the marital estate and be considered an advance

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against the client's share of the marital estate.
(d) A consent judgment, in favor of a current counsel of
record against his or her own client for a specific amount in a
marital settlement agreement, dissolution judgment, or any
other instrument involving the other litigant, is prohibited. A
consent judgment between client and counsel, however, is
permissible if it is entered pursuant to a verified petition
for entry of consent judgment, supported by an affidavit of the
counsel of record that includes the counsel's representation
that the client has been provided an itemization of the billing
or billings to the client, detailing hourly costs, time spent,
and tasks performed, and by an affidavit of the client
acknowledging receipt of that documentation, awareness of the
right to a hearing, the right to be represented by counsel
(other than counsel to whom the consent judgment is in favor),
and the right to be present at the time of presentation of the
petition, and agreement to the terms of the judgment. The
petition may be filed at any time during which it is
permissible for counsel of record to file a petition (or a
praecipe) for a final fee hearing, except that no such petition
for entry of consent judgment may be filed before adjudication
(or waiver) of the client's right to contribution under
subsection (j) of Section 503 or filed after the filing of a
petition (or a praecipe) by counsel of record for a fee hearing
under subsection (c) if the petition (or praecipe) remains
pending. No consent security arrangement between a client and a

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counsel of record, pursuant to which assets of a client are
collateralized to secure payment of legal fees or costs, is
permissible unless approved in advance by the court as being
reasonable under the circumstances.
(e) Counsel may pursue an award and judgment against a
former client for legal fees and costs in an independent
proceeding in the following circumstances:
(1) While a case under this Act is still pending, a
former counsel may pursue such an award and judgment at any
time subsequent to 90 days after the entry of an order
granting counsel leave to withdraw; and
(2) After the close of the period during which a
petition (or praecipe) may be filed under subdivision
(c)(5), if no such petition (or praecipe) for the counsel
remains pending, any counsel or former counsel may pursue
such an award and judgment in an independent proceeding.
In an independent proceeding, the prior applicability of this
Section shall in no way be deemed to have diminished any other
right of any counsel (or former counsel) to pursue an award and
judgment for legal fees and costs on the basis of remedies that
may otherwise exist under applicable law; and the limitations
period for breach of contract shall apply. In an independent
proceeding under subdivision (e)(1) in which the former counsel
had represented a former client in a dissolution case that is
still pending, the former client may bring in his or her spouse
as a third-party defendant, provided on or before the final

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date for filing a petition (or praecipe) under subsection (c),
the party files an appropriate third-party complaint under
Section 2-406 of the Code of Civil Procedure. In any such case,
any judgment later obtained by the former counsel shall be
against both spouses or ex-spouses, jointly and severally
(except that, if a hearing under subsection (j) of Section 503
has already been concluded and the court hearing the
contribution issue has imposed a percentage allocation between
the parties as to fees and costs otherwise being adjudicated in
the independent proceeding, the allocation shall be applied
without deviation by the court in the independent proceeding
and a separate judgment shall be entered against each spouse
for the appropriate amount). After the period for the
commencement of a proceeding under subsection (c), the
provisions of this Section (other than the standard set forth
in subdivision (c)(3) and the terms respecting consent security
arrangements in subsection (d) of this Section 508) shall be
inapplicable.
The changes made by this amendatory Act of the 94th General
Assembly are declarative of existing law.
(f) Unless the Supreme Court by rule addresses the matters
set out in this subsection (f), a written engagement agreement
within the scope of subdivision (c)(2) shall have appended to
it verbatim the following Statement:
"STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES

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(1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement
agreement, prepared by the counsel, shall clearly address the
objectives of representation and detail the fee arrangement,
including all material terms. If fees are to be based on
criteria apart from, or in addition to, hourly rates, such
criteria (e.g., unique time demands and/or utilization of
unique expertise) shall be delineated. The client shall receive
a copy of the written engagement agreement and any additional
clarification requested and is advised not to sign any such
agreement which the client finds to be unsatisfactory or does
not understand.
(2) REPRESENTATION. Representation will commence upon the
signing of the written engagement agreement. The counsel will
provide competent representation, which requires legal
knowledge, skill, thoroughness and preparation to handle those
matters set forth in the written engagement agreement. Once
employed, the counsel will act with reasonable diligence and
promptness, as well as use his best efforts on behalf of the
client, but he cannot guarantee results. The counsel will abide
by the client's decision concerning the objectives of
representation, including whether or not to accept an offer of
settlement, and will endeavor to explain any matter to the
extent reasonably necessary to permit the client to make
informed decisions regarding representation. During the course
of representation and afterwards, the counsel may not use or
reveal a client's confidence or secrets, except as required or

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permitted by law.
(3) COMMUNICATION. The counsel will keep the client
reasonably informed about the status of representation and will
promptly respond to reasonable requests for information,
including any reasonable request for an estimate respecting
future costs of the representation or an appropriate portion of
it. The client shall be truthful in all discussions with the
counsel and provide all information or documentation required
to enable the counsel to provide competent representation.
During representation, the client is entitled to receive all
pleadings and substantive documents prepared on behalf of the
client and every document received from any other counsel of
record. At the end of the representation and on written request
from the client, the counsel will return to the client all
original documents and exhibits. In the event that the counsel
withdraws from representation, or is discharged by the client,
the counsel will turn over to the substituting counsel (or, if
no substitutions, to the client) all original documents and
exhibits together with complete copies of all pleadings and
discovery within thirty (30) days of the counsel's withdrawal
or discharge.
(4) ETHICAL CONDUCT. The counsel cannot be required to
engage in conduct which is illegal, unethical, or fraudulent.
In matters involving minor children, the counsel may refuse to
engage in conduct which, in the counsel's professional
judgment, would be contrary to the best interest of the

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client's minor child or children. A counsel who cannot
ethically abide by his client's directions shall be allowed to
withdraw from representation.
(5) FEES. The counsel's fee for services may not be
contingent upon the securing of a dissolution of marriage, upon
obtaining custody, or be based upon the amount of maintenance,
child support, or property settlement received, except as
specifically permitted under Supreme Court rules. The counsel
may not require a non-refundable retainer fee, but must remit
back any overpayment at the end of the representation. The
counsel may enter into a consensual security arrangement with
the client whereby assets of the client are pledged to secure
payment of legal fees or costs, but only if the counsel first
obtains approval of the Court. The counsel will prepare and
provide the client with an itemized billing statement detailing
hourly rates (and/or other criteria), time spent, tasks
performed, and costs incurred on a regular basis, at least
quarterly. The client should review each billing statement
promptly and address any objection or error in a timely manner.
The client will not be billed for time spent to explain or
correct a billing statement. If an appropriately detailed
written estimate is submitted to a client as to future costs
for a counsel's representation or a portion of the contemplated
services (i.e., relative to specific steps recommended by the
counsel in the estimate) and, without objection from the
client, the counsel then performs the contemplated services,

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all such services are presumptively reasonable and necessary,
as well as to be deemed pursuant to the client's direction. In
an appropriate case, the client may pursue contribution to his
or her fees and costs from the other party.
(6) DISPUTES. The counsel-client relationship is regulated
by the Illinois Rules of Professional Conduct (Article VIII of
the Illinois Supreme Court Rules), and any dispute shall be
reviewed under the terms of such Rules."
(g) The changes to this Section 508 made by this amendatory
Act of 1996 apply to cases pending on or after June 1, 1997,
except as follows:
(1) Subdivisions (c)(1) and (c)(2) of this Section 508,
as well as provisions of subdivision (c)(3) of this Section
508 pertaining to written engagement agreements, apply
only to cases filed on or after June 1, 1997.
(2) The following do not apply in the case of a hearing
under this Section that began before June 1, 1997:
(A) Subsection (c-1) of Section 501.
(B) Subsection (j) of Section 503.
(C) The changes to this Section 508 made by this
amendatory Act of 1996 pertaining to the final setting
of fees.
(Source: P.A. 96-583, eff. 1-1-10.)
(750 ILCS 5/510) (from Ch. 40, par. 510)
Sec. 510. Modification and termination of provisions for

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maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b), clause (3) of Section 505.2,
the provisions of any judgment respecting maintenance or
support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification. An order for child support may be
modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at least
20%, but no less than $10 per month, between the amount
of the existing order and the amount of child support
that results from application of the guidelines
specified in Section 505 of this Act unless the
inconsistency is due to the fact that the amount of the
existing order resulted from a deviation from the
guideline amount and there has not been a change in the
circumstances that resulted in that deviation; or
(B) upon a showing of a need to provide for the
health care needs of the child under the order through
health insurance or other means. In no event shall the
eligibility for or receipt of medical assistance be

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considered to meet the need to provide for the child's
health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child support
enforcement services from the Department of Healthcare and
Family Services under Article X of the Illinois Public Aid
Code, and only when at least 36 months have elapsed since the
order for child support was entered or last modified.
(a-5) An order for maintenance may be modified or
terminated only upon a showing of a substantial change in
circumstances. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
(1) any change in the employment status of either party
and whether the change has been made in good faith;
(2) the efforts, if any, made by the party receiving
maintenance to become self-supporting, and the
reasonableness of the efforts where they are appropriate;
(3) any impairment of the present and future earning
capacity of either party;
(4) the tax consequences of the maintenance payments
upon the respective economic circumstances of the parties;
(5) the duration of the maintenance payments
previously paid (and remaining to be paid) relative to the
length of the marriage;

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(6) the property, including retirement benefits,
awarded to each party under the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage and the present
status of the property;
(7) the increase or decrease in each party's income
since the prior judgment or order from which a review,
modification, or termination is being sought;
(8) the property acquired and currently owned by each
party after the entry of the judgment of dissolution of
marriage, judgment of legal separation, or judgment of
declaration of invalidity of marriage; and
(9) any other factor that the court expressly finds to
be just and equitable.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage of
the party receiving maintenance, entry by the party receiving
maintenance into a civil union, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis. Any obligation of a payor party for

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premium payments respecting insurance on such party's life
imposed under subsection (f) of Section 504 is also terminated
on the occurrence of any of the foregoing events, unless
otherwise agreed by the parties. Any termination of an
obligation for maintenance as a result of the death of the
payor party, however, shall be inapplicable to any right of the
other party or such other party's designee to receive a death
benefit under such insurance on the payor party's life. A party
receiving maintenance must advise the payor of his or her
intention to marry or enter into a civil union at least 30 days
before the remarriage or entry into the civil union, unless the
decision is made within said time period. In that event, he or
she must notify the other party within 72 hours of getting
married or entering into a civil union.
(d) Unless otherwise provided in this Act, or as agreed in
writing or expressly provided in the judgment, provisions for
the support of a child are terminated by emancipation of the
child, or if the child has attained the age of 18 and is still
attending high school, provisions for the support of the child
are terminated upon the date that the child graduates from high
school or the date the child attains the age of 19, whichever
is earlier, but not by the death of a parent obligated to
support or educate the child. An existing obligation to pay for
support or educational expenses, or both, is not terminated by
the death of a parent. When a parent obligated to pay support
or educational expenses, or both, dies, the amount of support

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or educational expenses, or both, may be enforced, modified,
revoked or commuted to a lump sum payment, as equity may
require, and that determination may be provided for at the time
of the dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The time
within which a claim may be filed against the estate of a
decedent under Sections 505 and 513 and subsection (d) and this
subsection shall be governed by the provisions of the Probate
Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support,
custody, or visitation shall not delay any child support
enforcement litigation or supplementary proceeding on behalf
of the obligee, including, but not limited to, a petition for a
rule to show cause, for non-wage garnishment, or for a
restraining order.
(g) Whenever there is a change in an order of maintenance,
the court shall make and enter upon the record the specific
factual findings that support the change in the maintenance
award.
(Source: P.A. 97-608, eff. 1-1-12.)

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(750 ILCS 5/512) (from Ch. 40, par. 512)
Sec. 512. Post-Judgment Venue.) After 30 days from the
entry of a judgment of dissolution of marriage or the last
modification thereof, any further proceedings to enforce or
modify the judgment shall be as follows:
(a) If the respondent does not then reside within this
State, further proceedings shall be had either in the judicial
circuit wherein the moving party resides or where the judgment
was entered or last modified.
(b) If one or both of the parties then resides in the
judicial circuit wherein the judgment was entered or last
modified, further proceedings shall be had in the judicial
circuit that last exercised jurisdiction in the matter;
provided, however, that the court may in its discretion,
transfer matters involving a change in child custody to the
judicial circuit where the minor or dependent child resides.
(c) If neither party then resides in the judicial circuit
wherein the judgment was entered or last modified, further
proceedings shall be had in that circuit or in the judicial
circuit wherein either party resides or where the respondent is
actively employed; provided, however, that the court may, in
its discretion, transfer matters involving a change in child
custody to the judicial circuit where the minor or dependent
child resides.
(d) Objection to venue is waived if not made within such
time as the respondent's answer is due. Counter relief shall be

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heard and determined by the court hearing any matter already
pending.
(Source: P.A. 80-923.)
(750 ILCS 5/513) (from Ch. 40, par. 513)
Sec. 513. Educational expenses Support for a Non-minor
Child Children and Educational Expenses.
(a) The court may award sums of money out of the property
and income of either or both parties or the estate of a
deceased parent, as equity may require, for the educational
expenses support of any the child or children of the parties.
Unless otherwise agreed to by the parties, all educational
expenses which are the subject of a petition brought pursuant
to this Section shall be incurred no later than the student's
23rd birthday.
(b) Regardless of whether an award has been made under
subsection (a), the court may require both parties and the
child to complete the Free Application for Federal Student Aid
(FAFSA) and other financial aid forms and to submit any form of
that type prior to the designated submission deadline for the
form. The court may require either or both parties to provide
funds for the child so as to pay for the cost of up to 5 college
applications, the cost of 2 standardized college entrance
examinations, and the cost of one standardized college entrance
examination preparatory course.
(c) The authority under this Section to make provision for

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educational expenses extends not only to periods of college
education or vocational or professional or other training after
graduation from high school, but also to any period during
which the child of the parties is still attending high school,
even though he or she attained the age of 19.
(d) Educational expenses may include, but shall not be
limited to, the following:
(1) the actual cost of the child's post-secondary
expenses, including tuition and fees, provided that the
cost for tuition and fees does not exceed the amount of
tuition and fees paid by a student at the University of
Illinois at Urbana-Champaign for the same academic year;
(2) the actual costs of the child's housing expenses,
whether on-campus and off-campus, provided that the
housing expenses do not exceed the cost for the same
academic year of a double-occupancy student room, with a
standard meal plan, in a residence hall operated by the
University of Illinois at Urbana-Champaign;
(3) the actual costs of the child's medical expenses,
including medical insurance, and dental expenses; and
(4) the reasonable living expenses of the child during
the academic year and periods of recess:
(A) if the child is a resident student attending a
post-secondary educational program; or
(B) if the child is living with one party at that
party's home and attending a post-secondary

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educational program as a non-resident student, in
which case the living expenses include an amount that
pays for the reasonable cost of the child's food,
utilities, and transportation.
(e) Sums may be ordered payable to the child, to either
party, or to the educational institution, directly or through a
special account or trust created for that purpose, as the court
sees fit.
(f) If educational expenses are ordered payable, each party
and the child shall sign any consents necessary for the
educational institution to provide a supporting party with
access to the child's academic transcripts, records, and grade
reports. The consents shall not apply to any non-academic
records. Failure to execute the required consent may be a basis
for a modification or termination of any order entered under
this Section. Unless the court specifically finds that the
child's safety would be jeopardized, each party is entitled to
know the name of the educational institution the child attends.
(g) The authority under this Section to make provision for
educational expenses terminates when the child: fails to
maintain a "C" grade point average, except in the event of
illness or another extenuating circumstance; attains the age of
23; receives a baccalaureate degree; or marries or becomes a
party to a civil union. A child's enlisting in the armed
forces, being incarcerated, or becoming pregnant do not
terminate the court's authority to make provisions for the

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educational expenses for the child.
(h) An account established prior to the dissolution that is
to be used for the child's post-secondary education, that is an
account in a state tuition program under Section 529 of the
Internal Revenue Code, or that is some other college savings
plan, is to be considered by the court to be a resource of the
child, provided that any post-judgment contribution made by a
party to such an account is to be considered a contribution
from that party.
(i) If the parties have a marital settlement agreement or a
civil union settlement agreement that does not include language
specifically describing an agreement as to how the child's
educational expenses will be paid, the child is not a third
party beneficiary to the parties' agreement and is not entitled
to file a petition for contribution. If the parties' settlement
agreement describes the manner in which a child's educational
expenses will be paid, or if the court makes an award pursuant
to this Section, then the parties are responsible pursuant to
that agreement or award for the child's educational expenses,
but in no event shall the court consider the child a third
party beneficiary of that provision.
who have attained majority in the following instances:
(1) When the child is mentally or physically disabled
and not otherwise emancipated, an application for support
may be made before or after the child has attained
majority.

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(2) The court may also make provision for the
educational expenses of the child or children of the
parties, whether of minor or majority age, and an
application for educational expenses may be made before or
after the child has attained majority, or after the death
of either parent. The authority under this Section to make
provision for educational expenses extends not only to
periods of college education or professional or other
training after graduation from high school, but also to any
period during which the child of the parties is still
attending high school, even though he or she attained the
age of 19. The educational expenses may include, but shall
not be limited to, room, board, dues, tuition,
transportation, books, fees, registration and application
costs, medical expenses including medical insurance,
dental expenses, and living expenses during the school year
and periods of recess, which sums may be ordered payable to
the child, to either parent, or to the educational
institution, directly or through a special account or trust
created for that purpose, as the court sees fit.
If educational expenses are ordered payable, each
parent and the child shall sign any consents necessary for
the educational institution to provide the supporting
parent with access to the child's academic transcripts,
records, and grade reports. The consents shall not apply to
any non-academic records. Failure to execute the required

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consent may be a basis for a modification or termination of
any order entered under this Section. Unless the court
specifically finds that the child's safety would be
jeopardized, each parent is entitled to know the name of
the educational institution the child attends. This
amendatory Act of the 95th General Assembly applies to all
orders entered under this paragraph (2) on or after the
effective date of this amendatory Act of the 95th General
Assembly.
The authority under this Section to make provision for
educational expenses, except where the child is mentally or
physically disabled and not otherwise emancipated,
terminates when the child receives a baccalaureate degree.
(j) (b) In making awards under this Section paragraph (1)
or (2) of subsection (a), or pursuant to a petition or motion
to decrease, modify, or terminate any such award, the court
shall consider all relevant factors that appear reasonable and
necessary, including:
(1) The present and future financial resources of both
parties to meet their needs, including, but not limited to,
savings for retirement The financial resources of both
parents.
(2) The standard of living the child would have enjoyed
had the marriage or civil union not been dissolved. The
court may consider factors beyond the pure financial
circumstances of the parties.

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(3) The financial resources of the child.
(4) The child's academic performance.
(k) Relief under this Section is retroactive only to the
date of filing of a petition.
(Source: P.A. 95-954, eff. 8-29-08.)
(750 ILCS 5/513.5 new)
Sec. 513.5. Support for a non-minor disabled child.
(a) The court may award sums of money out of the property
and income of either or both parties or the estate of a
deceased parent, as equity may require, for the support of a
child of the parties who has attained majority when the child
is mentally or physically disabled and not otherwise
emancipated. An application for support for a non-minor
disabled child may be made before or after the child has
attained majority. Unless an application for educational
expenses is made for a mentally or physically disabled child
under Section 513, the disability that is the basis for the
application for support must have arisen before the child
attained majority.
(b) In making awards under this Section, or pursuant to a
petition or motion to decrease, modify, or terminate any such
award, the court shall consider all relevant factors that
appear reasonable and necessary, including:
(1) the present and future financial resources of both
parties to meet their needs, including, but not limited to,

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savings for retirement;
(2) the standard of living the child would have enjoyed
had the marriage or civil union not been dissolved. The
court may consider factors beyond the pure financial
circumstances of the parties;
(3) the financial resources of the child; and
(4) any financial or other resource provided to or for
the child including, but not limited to, any Supplemental
Security Income, any home-based support provided pursuant
to the Home-Based Support Services Law for Mentally
Disabled Adults, and any other State, federal, or local
benefit available to the non-minor disabled child.
(c) As used in this Section:
A "disabled" individual means an individual who has a
physical or mental impairment that substantially limits a major
life activity, has a record of such an impairment, or is
regarded as having such an impairment.
"Disability" means a mental or physical impairment that
substantially limits a major life activity.
(750 ILCS 5/Pt. VI heading)
PART VI
ALLOCATION OF PARENTAL RESPONSIBILITIES CUSTODY
(750 ILCS 5/600 new)
Sec. 600. Definitions. For purposes of this Part VI:

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"Abuse" has the meaning ascribed to that term in Section
103 of the Illinois Domestic Violence Act of 1986.
"Allocation judgment" means a judgment allocating parental
responsibilities.
"Caretaking functions" means tasks that involve
interaction with a child or that direct, arrange, and supervise
the interaction with and care of a child provided by others, or
for obtaining the resources allowing for the provision of these
functions. The term includes, but is not limited to, the
following:
(1) satisfying a child's nutritional needs; managing a
child's bedtime and wake-up routines; caring for a child
when the child is sick or injured; being attentive to a
child's personal hygiene needs, including washing,
grooming, and dressing; playing with a child and arranging
for recreation; protecting a child's physical safety; and
providing transportation for a child;
(2) directing a child's various developmental needs,
including the acquisition of motor and language skills,
toilet training, self-confidence, and maturation;
(3) providing discipline, giving instruction in
manners, assigning and supervising chores, and performing
other tasks that attend to a child's needs for behavioral
control and self-restraint;
(4) arranging for a child's education, including
arranging for remedial or special services appropriate to

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the child's needs and interests, communicating with
teachers and counselors, and supervising homework;
(5) helping a child develop and maintain appropriate
interpersonal relationships with peers, siblings, and
other family members;
(6) arranging for health-care providers, medical
follow-up, and home health care for a child;
(7) providing moral and ethical guidance for a child;
and
(8) arranging alternative care for a child by a family
member, babysitter, or other child-care provider or
facility, including investigating such alternatives,
communicating with providers, and supervising such care.
"Equitable parent" means a person who, though not a legal
parent of a child:
(1) is obligated by a court order to pay child support
for the child; or
(2) is the child's stepparent; or
(3) lived with the child for at least 2 years and:
(A) during that time (i) had a reasonable,
good-faith belief that he or she was the child's
biological parent, based on marriage to the child's
legal parent or on the actions or representations of
the legal parent, and (ii) performed or contributed to
the performance of caretaking functions consistent
with that belief; and

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(B) continued to make reasonable, good-faith
efforts to accept parental responsibilities with
respect to the child if thereafter that belief no
longer existed; or
(4) lived with the child since the child's birth or for
at least 2 years, and held himself out as the child's
parent while accepting parental responsibilities, under an
agreement with the child's legal parent (or, if there are 2
legal parents, both parents) to rear the child together,
each with allocated parental rights and responsibilities,
provided that a court finds that recognition of the person
as a parent is in the child's best interests.
"Legal parent" means a biological or adoptive parent of a
child.
"Parent" means a legal parent or an equitable parent.
"Parental responsibilities" means both parenting time and
significant decision-making responsibilities with respect to a
child.
"Parenting time" means the time during which a parent is
physically with a child and exercises caretaking functions and
non-significant decision-making responsibilities with respect
to the child.
"Parenting plan" means a written agreement that allocates
significant decision-making responsibilities, parenting time,
or both.
"Relocation" means a change of residence of more than 25

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miles for more than 90 days that significantly impairs a
parent's ability to exercise the parental responsibilities
that the parent has been exercising or is entitled to exercise
under a parenting plan or allocation judgment.
"Religious upbringing" means the choice of religion or
denomination of a religion, religious schooling, religious
training, or participation in religious customs or practices.
"Residential responsibility" means the amount of time a
child spends in a parent's care.
"Restriction of parenting time" means any limitation or
condition placed on parenting time, including supervision.
"Significant decision-making" means deciding issues of
long-term importance in the life of a child.
"Stepparent" means a person, other than a biological or
adoptive parent, who is or was married to a legal parent.
"Supervision" means the presence of a third party during a
parent's exercise of parenting time.
(750 ILCS 5/601.2 new)
Sec. 601.2. Jurisdiction; commencement of proceeding.
(a) A court of this State that is competent to allocate
parental responsibilities has jurisdiction to make such an
allocation in original or modification proceedings as provided
in Section 201 of the Uniform Child-Custody Jurisdiction and
Enforcement Act as adopted by this State.
(b) A proceeding for allocation of parental

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responsibilities with respect to a child is commenced in the
court:
(1) By a legal parent, by filing a petition for:
(A) dissolution of marriage or legal separation or
declaration of invalidity of marriage; or
(B) allocation of parental responsibilities with
respect to the child in the county in which the child
resides.
(2) By an equitable parent, as defined in Section 600,
by filing a petition for allocation of parental
responsibilities, if all of the following circumstances
are met:
(A) a legal parent is deceased or disabled and
cannot perform caretaking functions with respect to
the child; and
(B) it is alleged to be in the child's best
interests for the equitable parent to assume or
continue exercising parental responsibilities, as
provided in Sections 602.5 and 602.7.
(3) By an equitable parent, as defined in Section 600,
seeking only an allocation of parenting time:
(A) if the legal parent and the equitable parent
have terminated their relationship; or
(B) if the legal parent and the equitable parent
are opposing parties in a pending action for
dissolution of marriage, legal separation, declaration

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of invalidity of marriage, or parentage.
For purposes of subdivision (b)(3)(A), the
relationship between a legal parent and an equitable parent
is presumed to have terminated if those parents are
residing in separate residences.
(c) When a proceeding for allocation of parental
responsibilities is commenced, the parent commencing the
action must, at least 30 days before any hearing on the
petition, serve a written notice and a copy of the petition on
the child's parent and on any party previously appearing in any
prior proceeding for allocation of parental responsibilities
with respect to the child. Nothing in this Section shall
preclude a party in a proceeding for allocation of parental
responsibilities from moving for a temporary order under
Section 602.5.
(750 ILCS 5/602.5 new)
Sec. 602.5. Allocation of parental responsibilities:
decision-making.
(a) Generally. The court shall allocate decision-making
responsibilities according to the child's best interests.
Nothing in this Act requires that every parent be allocated
decision-making responsibilities.
(b) Allocation of significant decision-making
responsibilities. If a legal parent is exercising parental
responsibilities with respect to the child, the court shall not

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allocate significant decision-making responsibilities to an
equitable parent as defined in Section 600. Unless the parents
otherwise agree in writing on an allocation of significant
decision-making responsibilities, the court shall make the
determination. The court shall allocate to one or more of the
parents the significant decision-making responsibility for
each significant issue affecting the child. Those significant
issues shall include, without limitation, the following:
(1) Education, including the choice of schools and
tutors.
(2) Health, including all decisions relating to the
medical, dental, and psychological needs of the child and
to the treatments arising or resulting from those needs.
(3) Religion, subject to the following provisions:
(A) The court shall allocate parental
responsibility for the child's religious upbringing in
accordance with any express or implied agreement
between the parents.
(B) The court shall consider evidence of the
parents' past conduct as to the child's religious
upbringing in allocating parental responsibilities
consistent with demonstrated past conduct in the
absence of an express or implied agreement between the
parents.
(C) The court shall not allocate any aspect of the
child's religious upbringing if it determines that the

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parents do not or did not have an express or implied
agreement for such religious upbringing or that there
is insufficient evidence to demonstrate a course of
conduct regarding the child's religious upbringing
that could serve as a basis for any such order.
(4) Extracurricular activities.
(c) Determination of child's best interests. In
determining the child's best interests for purposes of
allocating significant decision-making responsibilities, the
court shall consider all relevant factors, including, without
limitation, the following:
(1) the wishes of a child who is sufficiently mature to
express reasoned and independent preferences as to
significant decisions;
(2) the child's adjustment to his or her home, school,
and community;
(3) the mental and physical health of all individuals
involved;
(4) the ability of the parents to cooperate to make
decisions, or the level of conflict between the parties
that may affect their ability to share decision-making;
(5) the level of each parent's participation in past
significant decision-making with respect to the child;
(6) any prior agreement or course of conduct between
the parents relating to decision-making with respect to the
child;

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(7) the wishes of the parents;
(8) the child's needs in light of economic, physical,
or other circumstances;
(9) the distance between the parents' residences, the
cost and difficulty of transporting the child, each
parent's and the child's daily schedules, and the ability
of the parents to cooperate in the arrangement;
(10) whether a restriction on decision-making is
appropriate under Section 603.10;
(11) the willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the child; and
(12) any other factor that the court expressly finds to
be relevant.
(d) If, over the prior 24 months preceding the filing of
the petition, or, if the child is under age 2, since the
child's birth, each parent has been exercising significant
decision-making responsibilities with respect to the child,
the court shall presume that it is in the child's best
interests to allocate significant decision-making
responsibilities to each parent. The presumption shall be
overcome if there has been a history of domestic violence or
abuse, or if it is shown that an allocation of any significant
decision-making responsibilities to one of the parents is not
in the child's best interests.
(e) A parent shall have sole responsibility for making

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routine decisions with respect to the child and for emergency
decisions affecting the child's health and safety during that
parent's parenting time.
(f) In allocating significant decision-making
responsibilities, the court shall not consider conduct of a
parent that does not affect that parent's relationship to the
child.
(g) An equitable parent who is allocated significant
decision-making responsibilities is not entitled to access to
the child's school or health care records unless a court finds
that it is in the child's best interests to provide those
records to the parent.
(750 ILCS 5/602.7 new)
Sec. 602.7. Parenting time.
(a) Best interests. The court shall allocate parenting time
according to the child's best interests.
(b) Allocation of parenting time. Unless the parents
present a mutually agreed written and notarized parenting plan
and that plan is approved by the court, the court shall
allocate parenting time. It is presumed both parents are fit
and the court shall not place any restrictions on parenting
time as defined in Section 600 and described in Section 603.10,
unless it finds by a preponderance of the evidence that a
parent's exercise of parenting time would seriously endanger
the child's physical, mental, moral, or emotional health.

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In determining the child's best interests for purposes of
allocating parenting time, the court shall consider all
relevant factors, including, without limitation, the
following:
(1) the wishes of each parent seeking parenting time;
(2) the wishes of a child who is sufficiently mature to
express reasoned and independent preferences as to
parenting time;
(3) the amount of time each parent spent performing
caretaking functions with respect to the child in the 24
months preceding the filing of any petition for allocation
of parental responsibilities or, if the child is under 2
years of age, since the child's birth;
(4) any prior agreement or course of conduct between
the parents relating to caretaking functions with respect
to the child;
(5) the interaction and interrelationship of the child
with his or her parents and siblings and with any other
person who may significantly affect the child's best
interests;
(6) the child's adjustment to his or her home, school,
and community;
(7) the mental and physical health of all individuals
involved;
(8) the child's needs in light of economic, physical,
or other circumstances;

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(9) the distance between the parents' residences, the
cost and difficulty of transporting the child, each
parent's and the child's daily schedules, and the ability
of the parents to cooperate in the arrangement;
(10) the occurrence of abuse, whether directed against
the child or directed against another person;
(11) whether a restriction on parenting time is
appropriate;
(12) the physical violence or threat of physical
violence by a parent, whether directed against the child or
directed against another person;
(13) the willingness and ability of each parent to
place the needs of the child ahead of his or her own needs;
(14) the willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the child; and
(15) any other factor that the court expressly finds to
be relevant.
(c) In allocating parenting time, the court shall not
consider conduct of a parent that does not affect that parent's
relationship to the child.
(d) A parent, other than a legal parent, who is allocated
parenting time is not entitled to access to the child's school
or health care records unless a court finds that it is in the
child's best interests to provide those records to the parent.

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(750 ILCS 5/602.10 new)
Sec. 602.10. Parenting plan.
(a) Filing of parenting plan. All parents, within 90 days
after service or filing of any petition for allocation of
parental responsibilities, must file with the court, either
jointly or separately, a proposed parenting plan supported by
an affidavit or affidavits that comply with subsection (g).
(b) No parenting plan filed. In the absence of filing of
one or more parenting plans with supporting affidavits, the
court must conduct an evidentiary hearing to allocate parental
responsibilities.
(c) Mediation. The court may order mediation to assist the
parents in formulating or modifying a parenting plan or in
implementing a parenting plan. The court may allocate the cost
of such mediation between the parties.
(d) Parents' agreement on parenting plan. The parents may
agree on a parenting plan at any time. The parenting plan must
be in writing and signed by all parents. The parents must
submit the parenting plan to the court for approval within 90
days after service of a petition for allocation of parental
responsibilities or the filing of an appearance. The parenting
plan must be accompanied by a joint affidavit that complies
with subsection (g), unless the filing of such an affidavit is
excused by the court. If the court does not approve the
parenting plan, the court shall make express findings of the
reason or reasons for its refusal to approve the plan. The

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court, on its own motion, may conduct an evidentiary hearing to
determine whether the parenting plan is in the child's best
interests.
(e) Parents cannot agree on parenting plan. When parents
fail to submit an agreed parenting plan, there shall be a
rebuttable presumption that the child's best interests are
served by awarding a time sharing arrangement consisting of an
allocation of not less than 35% residential time for each
parent. Each parent must file and submit a written, signed
parenting plan to the court within 90 days after service of a
petition for allocation of parental responsibilities or the
filing of an appearance. The plan must be accompanied by a
separate affidavit that complies with subsection (g). The
filing of the plan and affidavit may be excused by the court
if:
(1) the parties have commenced mediation for the
purpose of formulating a parenting plan; or
(2) the parents have agreed in writing to extend the
time for filing a proposed plan and supporting affidavit
and the court has approved such an extension; or
(3) the court orders otherwise for good cause shown.
(f) Parenting plan contents. At a minimum, a parenting plan
must set forth the following:
(1) an allocation of significant decision-making
responsibilities;
(2) provisions for the child's living arrangements and

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for each parent's parenting time, including either:
(A) a schedule that designates in which parent's
home the minor child will reside on given days; or
(B) a formula or method for determining such a
schedule in sufficient detail to be enforced in a
subsequent proceeding;
(3) a mediation provision addressing any proposed
revisions or disputes, except that this provision is not
required if one parent is allocated all significant
decision-making responsibilities;
(4) each parent's right of access to medical, dental,
and psychological records (subject to the Mental Health and
Developmental Disabilities Confidentiality Act), child
care records, and school and extracurricular records,
reports, and schedules, unless expressly denied by a court
order or denied under subsection (g) of Section 602.5;
(5) a designation of the parent who will be denominated
as the parent with the majority of the residential
responsibility for purposes of Section 606.10;
(6) the child's residential address for school
enrollment purposes only;
(7) each parent's residence address and phone number,
and each parent's place of employment and employment
address and phone number;
(8) a requirement that a parent changing his or her
residence provide at least 60 days prior written notice of

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the change to any other parent under the parenting plan or
allocation judgment, unless such notice is impracticable
or unless otherwise ordered by the court. If such notice is
impracticable, written notice shall be given at the
earliest date practicable. At a minimum, the notice shall
set forth the following:
(A) the intended date of the change of residence;
and
(B) The address of the new residence;
(9) provisions requiring each parent to notify the
other of emergencies, health care, travel plans, or other
significant child-related issues;
(10) transportation arrangements between the parents;
(11) provisions for communications with the child
during the other parent's parenting time;
(12) provisions for resolving issues arising from a
parent's future relocation;
(13) provisions for future modifications of the
parenting plan, if specified events occur; and
(14) any other provision that addresses the child's
best interests or that will otherwise facilitate
cooperation between the parents.
(g) Affidavit. The affidavit supporting a proposed
parenting plan must contain, to the best of the affiant's
knowledge, all of the following:
(1) the name and address of the child, every parent,

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and any other person previously appearing in any prior
allocation proceeding;
(2) the name and address of every person with whom the
child has lived for one year or more, and the period of
time during which the child and each such person lived
together. If the child is less than one year old, the
affidavit must contain the name and address of any person
with whom the child lived for more than 60 days;
(3) a summary of the caretaking functions performed by
each person identified under paragraph (2), including such
functions performed during at least the 24 months preceding
the filing of the action for allocation of parental
responsibilities;
(4) a schedule of each parent's current hours of
employment, availability to perform caretaking functions
with respect to the child, existing child care
arrangements, and any anticipated changes;
(5) a summary schedule of the child's school and
extracurricular activities;
(6) A summary of any relevant existing risk factors,
including orders arising from allegations of abuse and the
case number and issuing court; and
(7) a summary of the known areas of agreement and
disagreement between the parents concerning a proposed
parenting plan.
(h) The court shall select the plan which maximizes the

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child's relationship and access to both parents. The court
retains discretion to determine exceptions to this directive
warranted by the individual facts and circumstances. The court
shall provide written findings of fact and conclusions of law
when making such exceptions.
(750 ILCS 5/603.5 new)
Sec. 603.5. Temporary orders.
(a) A court may order a temporary allocation of parental
responsibilities in the child's best interests before the entry
of a final allocation judgment. Any temporary allocation shall
be made in accordance with the standards set forth in Sections
602.5 and 602.7 (i) after a hearing; or (ii) if there is no
objection, on the basis of affidavits that, at a minimum,
comply with subsection (e) of Section 602.10.
(b) A temporary order allocating parental responsibilities
shall be deemed vacated when the action in which it was granted
is dismissed, unless a parent moves to continue the action for
allocation of parental responsibilities filed under Section
601.5.
(c) A temporary order allocating parental responsibilities
does not preclude access to the child by a parent who has been
exercising a reasonable share of caretaking functions with
respect to the child, unless a denial of such access is in the
child's best interests as determined in accordance with Section
602.5.

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

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

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had an impact upon the child;
(3) use of drugs, alcohol, or any other substance in a
way that interferes with the parent's ability to perform
caretaking functions with respect to the child; and
(4) persistent continuing interference with the other
parent's access to the child, except for actions taken with
a reasonable, good-faith belief that they are necessary to
protect the child's safety pending adjudication of the
facts underlying that belief, provided that the
interfering parent initiates a proceeding to determine
those facts as soon as practicable.
(c) An order granting parenting time to a parent may be
revoked by the court if that parent is found to have knowingly
used his or her parenting time to facilitate contact between
the child and a parent who has been barred from contact with
the child or to have knowingly used his or her parenting time
to facilitate contact with the child that violates any
restrictions imposed on the parent's parenting time by a court
of competent jurisdiction. Nothing in this subsection limits a
court's authority to enforce its orders in any other manner
authorized by law.
(d) An order granting parenting time with a child whose
parent is prohibited from contact with the child, or whose
parenting time is restricted, shall contain the following
provision:
"If a parent granted parenting time under this Order

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uses that time to facilitate contact between the child and
a parent whose parenting time is restricted, or if such a
parent violates any restrictions placed on his or her
parenting time by the court, the parenting time granted
under this Order shall be revoked until further order of
court."
(e) A parent who has been convicted of any offense
involving an illegal sex act perpetrated upon a victim less
than 18 years of age, including but not limited to an offense
under Article 12 of the Criminal Code of 2012, is not entitled
to parenting time while incarcerated or while on parole,
probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for a felony offense, until the
parent complies with such terms and conditions as the court
determines are in the child's best interests.
(f) A parent may not, while the child is present, visit any
other parent of the child who has been convicted of first
degree murder, unless the court finds, after considering all
relevant factors, including those set forth in subsection (c)
of Section 602.5, that it would be in the child's best
interests to allow the child to be present during such a visit.
(750 ILCS 5/604.10 new)
Sec. 604.10. Interviews; evaluations; investigation.
(a) Court's interview of child. The court may interview the
child in chambers to ascertain the child's wishes as to the

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allocation of parental responsibilities. Counsel shall be
present at the interview unless otherwise agreed upon by the
parties. The entire interview shall be recorded by a court
reporter. The transcript of the interview shall be filed under
seal and released only upon order of the court. The cost of the
court reporter and transcript shall be paid by the court.
(b) Court's professional. The court may seek the advice of
any professional, whether or not regularly employed by the
court, to assist the court in determining the child's best
interests. The advice to the court shall be in writing and sent
by the professional to counsel for the parties and to the
court, under seal. The writing may be admitted into evidence
without testimony from its author, unless a party objects. A
professional consulted by the court shall testify as the
court's witness. The court shall order all costs and fees of
the professional to be paid by one or more of the parties,
subject to reallocation in accordance with subsection (a) of
Section 508.
(c) Evaluation by a party's retained professional. In a
proceeding to allocate parental responsibilities or to
relocate a child from this State, upon notice and motion made
by a parent or any party to the litigation within a reasonable
time before trial, the court shall order an evaluation to
assist the court in determining the child's best interests. The
evaluation may be in place of or in addition to any advice
given to the court by a professional under subsection (b). A

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motion for an evaluation under this subsection must, at a
minimum, identify the proposed evaluator and the evaluator's
specialty or discipline. An order for an evaluation under this
subsection must set forth the evaluator's name, address, and
telephone number and the time, place, conditions, and scope of
the evaluation. No person shall be required to travel an
unreasonable distance for the evaluation. The party requesting
the evaluation shall pay the evaluator's fees and costs unless
otherwise ordered by the court.
The evaluator's report must, at a minimum, set forth the
following:
(1) a description of the procedures employed during the
evaluation;
(2) a report of the data collected;
(3) all test results;
(4) any conclusions of the evaluator relating to the
allocation of parental responsibilities under Sections
602.5 and 602.7;
(5) any recommendations of the evaluator concerning
the allocation of parental responsibilities or the child's
relocation from this State; and
(6) an explanation of any limitations in the evaluation
or any reservations of the evaluator regarding the
resulting recommendations.
A party who retains a professional to conduct an evaluation
under this subsection shall cause the evaluator's written

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report to be sent to the attorneys of record no less than 60
days before the hearing on the allocation of parental
responsibilities, unless otherwise ordered by the court; if a
party fails to comply with this provision, the court may not
admit the evaluator's report into evidence and may not allow
the evaluator to testify.
The party calling an evaluator to testify at trial shall
disclose the evaluator as a controlled expert witness in
accordance with the Supreme Court Rules.
Any party to the litigation may call the evaluator as a
witness. That party shall pay the evaluator's fees and costs
for testifying, unless otherwise ordered by the court.
(d) Investigation. Upon notice and a motion by a parent or
any party to the litigation, or upon the court's own motion,
the court may order an investigation and report to assist the
court in allocating parental responsibilities. The
investigation may be made by any child welfare agency approved
by the Department of Children and Family Services, but shall
not be made by that Department unless the court determines
either that there is no child welfare agency available or that
no party is financially able to pay for the investigation. The
court shall specify the purpose and scope of the investigation.
The investigator shall send his or her report to all
attorneys of record, and to any party not represented, at least
60 days before the hearing on the allocation of parental
responsibilities. The court shall examine and consider the

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investigator's report only after it has been admitted into
evidence or after the parties have waived their right to
cross-examine the investigator.
The investigator shall make available to all attorneys of
record, and to any party not represented, the investigator's
file, and the names and addresses of all persons whom the
investigator has consulted. Any party to the proceeding may
call the investigator, or any person consulted by the
investigator as a court's witness, for cross-examination. No
fees shall be paid for any investigation by a governmental
agency. The fees incurred by any other investigator shall be
allocated in accordance with Section 508.
(e) The Supreme Court of Illinois, through its
Administrative Office of the Illinois Courts, shall approve not
less than 3 hours of training for all of the following:
(1) any professional whose advice the court seeks under
subsection (b) of this Section;
(2) any professional who conducts an evaluation under
subsection (c) of this Section;
(3) any individual who conducts an investigation under
subsection (d) of this Section; and
(4) any guardian ad litem or other individual appointed
by the court to represent a child in a proceeding
concerning the allocation of parental responsibilities
with respect to the child.
The training shall include a component on the dynamics of

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domestic violence and its effect on parents and children.
(750 ILCS 5/606.5 new)
Sec. 606.5. Hearings.
(a) Proceedings to allocate parental responsibilities
shall receive priority in being set for hearing.
(b) The court, without a jury, shall determine questions of
law and fact.
(c) Previous statements made by the child relating to any
allegations that the child is an abused or neglected child
within the meaning of the Abused and Neglected Child Reporting
Act, or an abused or neglected minor within the meaning of the
Juvenile Court Act of 1987, shall be admissible in evidence in
a hearing concerning allocation of parental responsibilities.
No such statement, however, if uncorroborated and not subject
to cross examination, shall be sufficient in itself to support
a finding of abuse or neglect.
(d) If the court finds that a public hearing may be
detrimental to the child's best interests, the court shall
exclude the public from the hearing, but the court may admit
any person having:
(1) a direct and legitimate interest in the case; or
(2) a legitimate educational or research interest in
the work of the court, but only with the permission of both
parties and subject to court approval.
(e) The court may make an appropriate order sealing the

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records of any interview, report, investigation, or testimony.
(750 ILCS 5/606.10 new)
Sec. 606.10. Designation of custodian for purposes of other
statutes. Solely for the purposes of all State and federal
statutes that require a designation or determination of custody
or a custodian, a parenting plan shall designate the parent who
is allocated the majority of residential responsibility. This
designation shall not affect parents' rights and
responsibilities under the parenting plan.
(750 ILCS 5/607.5 new)
Sec. 607.5. Abuse of allocated parenting time.
(a) The court shall provide an expedited procedure for the
enforcement of allocated parenting time.
(b) An action for the enforcement of allocated parenting
time may be commenced by a parent or a person appointed under
Section 506 by filing a petition setting forth: (i) the
petitioner's name and residence address or mailing address,
except that if the petition states that disclosure of
petitioner's address would risk abuse of petitioner or any
member of petitioner's family or household or reveal the
confidential address of a shelter for domestic violence
victims, that address may be omitted from the petition; (ii)
the respondent's name and place of residence, place of
employment, or mailing address; (iii) the terms of the

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parenting plan or allocation judgment then in effect; (iv) the
nature of the violation of the allocation of parenting time,
giving dates and other relevant information; and (v) that a
reasonable attempt was made to resolve the dispute.
(c) If the court finds by a preponderance of the evidence
that a parent has not complied with allocated parenting time
according to an approved parenting plan or a court order, the
court, in the child's best interests, shall issue an order that
may include one or more of the following:
(1) an imposition of additional terms and conditions
consistent with the court's previous allocation of
parenting time or other order;
(2) a requirement that either or both of the parties
attend a parental education program at the expense of the
non-complying parent;
(3) a requirement that the parties participate in
family counseling at the expense of the non-complying
parent;
(4) a requirement that the non-complying parent post a
cash bond or other security to ensure future compliance,
including a provision that the bond or other security may
be forfeited to the other parent for payment of expenses on
behalf of the child as the court shall direct;
(5) a requirement that makeup parenting time be
provided for the aggrieved parent or child under the
following conditions:

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(A) that the parenting time is of the same type and
duration as the parenting time that was denied,
including but not limited to parenting time during
weekends, on holidays, and on weekdays and during times
when the child is not in school;
(B) that the parenting time is made up within 6
months after the noncompliance occurs, unless the
period of time or holiday cannot be made up within 6
months, in which case the parenting time shall be made
up within one year after the noncompliance occurs;
(6) a finding that the non-complying parent is in
contempt of court;
(7) an imposition on the non-complying parent of an
appropriate civil fine per incident of denied parenting
time;
(8) a requirement that the non-complying parent
reimburse the other parent for all reasonable expenses
incurred as a result of the violation of the parenting plan
or court order; and
(9) any other provision that may promote the child's
best interests.
(d) In addition to any other order entered under subsection
(c), the court shall order a parent who has failed to provide
allocated parenting time or to exercise allocated parenting
time to pay the aggrieved party his or her reasonable
attorney's fees, court costs, and expenses associated with an

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action brought under this Section. If the court finds that the
respondent in an action brought under this Section has not
violated the allocated parenting time, the court may order the
petitioner to pay the respondent's reasonable attorney's fees,
court costs, and expenses incurred in the action.
(e) Nothing in this Section precludes a party from
maintaining any other action as provided by law.
(750 ILCS 5/609.2 new)
Sec. 609.2. Parent's relocation.
(a) A parent's relocation constitutes a substantial change
in circumstances for purposes of Section 610.5.
(b) Only a parent who has been allocated a majority of
parenting time may seek to relocate with a child, except that
when parents have equal parenting time, either parent may seek
to relocate with a child.
(c) Any parent intending to relocate must provide at least
60 days prior written notice to any other parent under the
parenting plan or allocation judgment unless such notice is
impracticable (in which case written notice shall be given at
the earliest date practicable) or unless otherwise ordered by
the court. At a minimum, the notice must set forth the
following:
(1) the intended date of the parent's relocation;
(2) the address of the parent's intended new residence,
if known;

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(3) the specific reasons for the parent's intended
relocation;
(4) a proposal modifying the parents' parental
responsibilities, if necessary, in light of the
relocation; and
(5) if the parent's intended relocation requires a
change in the child's school, a statement of how the
relocating parent intends to meet the child's educational
needs.
The court may consider a parent's failure to comply with
the notice requirements of this Section without good cause (i)
as a factor in determining whether the parent's relocation is
in good faith; and (ii) as a basis for awarding reasonable
attorney's fees and costs resulting from the parent's failure
to comply with these provisions.
(d) If a parent receives a written notice of the other
parent's intent to relocate and objects to the relocation, then
no later than 30 days after receiving the notice, the objecting
parent must file a petition setting forth objections to the
proposed relocation. A petition filed under this subsection
shall be expeditiously heard by the court. A parent's failure
to file for the relief provided under this subsection
constitutes a waiver of that parent's objections to the
relocation. If the court finds that objections are made in bad
faith, it shall award reasonable attorney's fees and costs to
the other party.

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(e) The court shall modify the parenting plan or allocation
judgment to accommodate a parent's relocation as agreed by the
parents, as long as the agreed modification is in the child's
best interests.
(f) The court shall modify the parenting plan or allocation
judgment to accommodate the relocation without changing the
proportion of parental responsibilities between the parties,
if practicable, as long as such a modification is in the
child's best interests.
(g) If a parent's relocation makes it impracticable to
maintain the same proportion of parental responsibilities
between the parties, the court shall modify the parenting plan
or allocation judgment in accordance with the child's best
interests. The court shall consider the following factors:
(1) the factors set forth in subsection (c) of this
Section;
(2) the reasons, if any, why a parent is objecting to
the intended relocation;
(3) the history and quality of each parent's
relationship with the child since the implementation of any
previous parenting plan or allocation judgment;
(4) the educational opportunities for the child at the
existing location and at the proposed new location;
(5) the presence or absence of extended family at the
existing location and at the proposed new location;
(6) the anticipated impact of the relocation on the

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child;
(7) whether the court will be able to fashion a
reasonable allocation of parental responsibilities between
all parents if the relocation occurs;
(8) the wishes of the child after taking into
consideration the child's age and maturity;
(9) whether the intended relocation is valid, in good
faith, and to a location that is reasonable in light of the
purpose;
(10) possible arrangements for the exercise of
parental responsibilities appropriate to the parents'
resources and circumstances and the developmental level of
the child.
(11) minimization of the impairment to a parent-child
relationship caused by a parent's relocation; and
(12) any other relevant factors bearing on the child's
best interests.
(h) Unless the non-relocating parent demonstrates that a
reallocation of parental responsibilities is necessary to
prevent harm to the child, the court shall deny the
non-relocating parent's request for a reallocation of parental
responsibilities based on relocation if the non-relocating
parent either:
(1) failed to object to the relocation within the time
allowed; or
(2) has substantially failed or refused to exercise the

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parental responsibilities allocated to him or her under the
parenting plan or allocation judgment.
(750 ILCS 5/610.5 new)
Sec. 610.5. Modification.
(a) Except in a case concerning the modification of any
restriction of parental responsibilities under Section 603.10,
the court shall modify a parenting plan or allocation judgment
when necessary to serve the child's best interests if the court
finds, by a preponderance of the evidence, that:
(1) on the basis of facts that have arisen since the
entry of the existing parenting plan or allocation judgment
or were not anticipated therein, a substantial change has
occurred in the circumstances of the child or of any parent
and that a modification is necessary to serve the child's
best interests; or
(2) the existing allocation of parental
responsibilities seriously endangers the child's physical,
mental, moral, or emotional health.
(b) The court shall modify a parenting plan or allocation
judgment in accordance with a parental agreement, unless it
finds that the modification is not in the child's best
interests.
(c) The court may modify a parenting plan or allocation
judgment without a showing of changed circumstances if (i) the
modification is in the child's best interests; and (ii) any of

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the following are proven as to the modification:
(1) the modification reflects the actual arrangement
under which the child has been receiving care, without
parental objection, for the 6 months preceding the filing
of the petition for modification, provided that the
arrangement is not the result of a parent's acquiescence
resulting from circumstances that negated the parent's
ability to give meaningful consent;
(2) the modification constitutes a minor modification
in the parenting plan or allocation judgment; and
(3) the modification is necessary to modify an agreed
parenting plan or allocation judgment that the court would
not have ordered or approved under Section 602.5 or 602.7
had the court been aware of the circumstances at the time
of the order or approval.
(d) Attorney's fees and costs shall be assessed against a
party seeking modification if the court finds that the
modification action is vexatious or constitutes harassment.
(750 ILCS 5/612 new)
Sec. 612. Application of provisions concerning allocation
of parental responsibilities.
(a) The changes made by this amendatory Act of the 98th
General Assembly apply to all proceedings commenced on or after
the effective date of this amendatory Act of the 98th General
Assembly.

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(b) The changes made by this amendatory Act of the 98th
General Assembly apply to all actions pending on the effective
date of this amendatory Act of the 98th General Assembly and to
all proceedings commenced before that effective date with
respect to issues on which a judgment has not been entered.
Evidence adduced after the effective date of this amendatory
Act of the 98th General Assembly shall comply with the changes
made by this amendatory Act of the 98th General Assembly.
(c) The changes made by this amendatory Act of the 98th
General Assembly apply to all proceedings commenced on or after
the effective date of this amendatory Act of the 98th General
Assembly for the modification of a judgment or order entered
before that effective date.
(d) In any action or proceeding in which an appeal was
pending or a new trial was ordered before the effective date of
this amendatory Act of the 98th General Assembly, the law in
effect at the time of the order sustaining the appeal or the
new trial governs the appeal, the new trial, and any subsequent
trial or appeal.
(750 ILCS 5/406 rep.)
(750 ILCS 5/407 rep.)
(750 ILCS 5/408 rep.)
(750 ILCS 5/412 rep.)
(750 ILCS 5/514 rep.)
(750 ILCS 5/515 rep.)

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(750 ILCS 5/516 rep.)
(750 ILCS 5/517 rep.)
(750 ILCS 5/601 rep.)
(750 ILCS 5/601.5 rep.)
(750 ILCS 5/602 rep.)
(750 ILCS 5/602.1 rep.)
(750 ILCS 5/603 rep.)
(750 ILCS 5/604 rep.)
(750 ILCS 5/604.5 rep.)
(750 ILCS 5/605 rep.)
(750 ILCS 5/606 rep.)
(750 ILCS 5/607 rep.)
(750 ILCS 5/607.1 rep.)
(750 ILCS 5/608 rep.)
(750 ILCS 5/609 rep.)
(750 ILCS 5/610 rep.)
(750 ILCS 5/611 rep.)
(750 ILCS 5/701 rep.)
(750 ILCS 5/703 rep.)
Section 5-20. The Illinois Marriage and Dissolution of
Marriage Act is amended by repealing Sections 406, 407, 408,
412, 514, 515, 516, 517, 601, 601.5, 602, 602.1, 603, 604,
604.5, 605, 606, 607, 607.1, 608, 609, 610, 611, 701, and 703.
Section 5-25. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 214 and 223 as follows:

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(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused, neglected,
or exploited, as defined in this Act, an order of protection
prohibiting the abuse, neglect, or exploitation shall issue;
provided that petitioner must also satisfy the requirements of
one of the following Sections, as appropriate: Section 217 on
emergency orders, Section 218 on interim orders, or Section 219
on plenary orders. Petitioner shall not be denied an order of
protection because petitioner or respondent is a minor. The
court, when determining whether or not to issue an order of
protection, shall not require physical manifestations of abuse
on the person of the victim. Modification and extension of
prior orders of protection shall be in accordance with this
Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim orders,
and Section 219 on plenary orders. The remedies listed in this
subsection shall be in addition to other civil or criminal
remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.

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Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 1961, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in Section 701 of the
Illinois Marriage and Dissolution of Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.

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(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i) the
hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or

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household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other person
protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing and
personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one occasion
as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an order

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of protection and providing relief shall consider the
severity of the act, any continuing physical danger or
emotional distress to the petitioner, the educational
rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a
transfer of the respondent to another school, a change
of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption
that would be caused by a transfer of the respondent to
another school, and any other relevant facts of the
case. The court may order that the respondent not
attend the public, private, or non-public elementary,
middle, or high school attended by the petitioner,
order that the respondent accept a change of placement
or change of program, as determined by the school
district or private or non-public school, or place
restrictions on the respondent's movements within the
school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the
evidence that a transfer, change of placement, or
change of program of the respondent is not available.
The respondent also bears the burden of production with
respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school. A transfer, change of
placement, or change of program is not unavailable to

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the respondent solely on the ground that the respondent
does not agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In

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

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in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary allocation of parental responsibilities
legal custody. Award temporary parental responsibility
legal custody to petitioner in accordance with this
Section, the Illinois Marriage and Dissolution of Marriage
Act, the Illinois Parentage Act of 1984, and this State's
Uniform Child-Custody Jurisdiction and Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary parental responsibility legal custody
to respondent would not be in the child's best interest.
(7) Parenting time Visitation. Determine the parenting
time visitation rights, if any, of respondent in any case
in which the court awards physical care or allocates
temporary parental responsibility legal custody of a minor
child to petitioner. The court shall restrict or deny
respondent's visitation with a minor child if the court
finds that respondent has done or is likely to do any of
the following: (i) abuse or endanger the minor child during
parenting time visitation; (ii) use the parenting time

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visitation as an opportunity to abuse or harass petitioner
or petitioner's family or household members; (iii)
improperly conceal or detain the minor child; or (iv)
otherwise act in a manner that is not in the best interests
of the minor child. The court shall not be limited by the
standards set forth in Section 603.10 607.1 of the Illinois
Marriage and Dissolution of Marriage Act. If the court
grants parenting time visitation, the order shall specify
dates and times for the parenting time visitation to take
place or other specific parameters or conditions that are
appropriate. No order for parenting time visitation shall
refer merely to the term "reasonable parenting time
visitation".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time
visitation, respondent is under the influence of drugs or
alcohol and constitutes a threat to the safety and
well-being of petitioner or petitioner's minor children or
is behaving in a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for parenting time visitation, and the
parties shall submit to the court their recommendations for
reasonable alternative arrangements for parenting time
visitation. A person may be approved to supervise parenting

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time visitation only after filing an affidavit accepting
that responsibility and acknowledging accountability to
the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return the
child to the custody or care of the petitioner or to permit
any court-ordered interview or examination of the child or
the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may award
petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a

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proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner

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or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility custody, when the
respondent has a legal obligation to support that person,
in accordance with the Illinois Marriage and Dissolution of
Marriage Act, which shall govern, among other matters, the
amount of support, payment through the clerk and
withholding of income to secure payment. An order for child
support may be granted to a petitioner with lawful physical
care or custody of a child, or an order or agreement for
physical care of a child or custody, prior to entry of an
order allocating parental responsibility for legal
custody. Such a support order shall expire upon entry of a
valid order allocating parental responsibility differently
granting legal custody to another, unless otherwise
provided in the custody order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall

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include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being

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of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency. The
local law enforcement agency shall immediately mail

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the card to the Department of State Police Firearm
Owner's Identification Card Office for safekeeping.
The court shall issue a warrant for seizure of any
firearm in the possession of the respondent, to be kept
by the local law enforcement agency for safekeeping,
except as provided in subsection (b). The period of
safekeeping shall be for the duration of the order of
protection. The firearm or firearms and Firearm
Owner's Identification Card, if unexpired, shall at
the respondent's request, be returned to the
respondent at the end of the order of protection. It is
the respondent's responsibility to notify the
Department of State Police Firearm Owner's
Identification Card Office.
(b) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 1961, the court
shall order that any firearms used by the respondent in
the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive
of the agency in which the respondent is employed, who
shall retain the firearms for safekeeping for the
duration of the order of protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to

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retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned over
to a third party who is lawfully eligible to possess
firearms, and who does not reside with respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a minor
child, the order shall deny respondent access to, and
prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse of

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a family or household member or further abuse, neglect, or
exploitation of a high-risk adult with disabilities or to
effectuate one of the granted remedies, if supported by the
balance of hardships. If the harm to be prevented by the
injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member of
petitioner's or respondent's family or household; and
(ii) the danger that any minor child will be abused
or neglected or improperly relocated removed from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.

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(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order

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of protection, the court, as an alternative to or as a
supplement to making the findings described in paragraphs
(c)(3)(i) through (c)(3)(iii) of this subsection, may use
the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of marriage
attach to a putative father until a father and child
relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Public Aid Code,
Section 12 of the Vital Records Act, the Juvenile Court Act
of 1987, the Probate Act of 1985, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, the Expedited Child Support
Act of 1990, any judicial, administrative, or other act of
another state or territory, any other Illinois statute, or
by any foreign nation establishing the father and child

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relationship, any other proceeding substantially in
conformity with the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
or where both parties appeared in open court or at an
administrative hearing acknowledging under oath or
admitting by affirmation the existence of a father and
child relationship. Absent such an adjudication, finding,
or acknowledgement, no putative father shall be granted
temporary allocation of parental responsibilities,
including parenting time custody of the minor child,
visitation with the minor child, or physical care and
possession of the minor child, nor shall an order of
payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of

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force provided by Article VII of the Criminal Code of 1961;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article VII of the Criminal
Code of 1961;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to avoid
further abuse, neglect, or exploitation by respondent;
(6) Petitioner did not leave the residence or household
to avoid further abuse, neglect, or exploitation by
respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;
97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;
97-1131, eff. 1-1-13.)
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding,

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shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of an
order of protection pursuant to Section 12-3.4 or 12-30 of
the Criminal Code of 1961, by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child abduction
pursuant to Section 10-5 of the Criminal Code of 1961, by
having knowingly violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or
(ii) a remedy, which is substantially similar to

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the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under the
laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of any
valid Illinois order of protection, whether issued in a civil
or criminal proceeding, may be enforced through civil or
criminal contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the order of protection were committed, to the extent
consistent with the venue provisions of this Act. Nothing in
this Act shall preclude any Illinois court from enforcing any
valid order of protection issued in another state. Illinois
courts may enforce orders of protection through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the
constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction,
conceal a child, or inflict physical abuse on the
petitioner or minor children or on dependent adults in
petitioner's care, the court may order the attachment of
the respondent without prior service of the rule to show
cause or the petition for a rule to show cause. Bond shall

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be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8), or
(9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 611 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates

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the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a crime
or contempt of court under subsections (a) or (b) of this
Section, the penalty shall be the penalty that generally
applies in such criminal or contempt proceedings, and may
include one or more of the following: incarceration,

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payment of restitution, a fine, payment of attorneys' fees
and costs, or community service.
(2) The court shall hear and take into account evidence
of any factors in aggravation or mitigation before deciding
an appropriate penalty under paragraph (1) of this
subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased penalty
or that period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the bail bond on

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an underlying criminal charge pursuant to Section
110-6 of the Code of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court shall
impose an additional fine of $20 as authorized by Section
5-9-1.11 of the Unified Code of Corrections upon any person
convicted of or placed on supervision for a violation of an
order of protection. The additional fine shall be imposed
for each violation of this Section.
(Source: P.A. 96-1551, eff. 7-1-11; 97-294, eff. 1-1-12.)
Section 5-30. The Probate Act of 1975 is amended by
changing Section 11-7.1 as follows:
(755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1)
Sec. 11-7.1. Parenting time Visitation rights.
(a) Whenever both natural or adoptive parents of a minor
are deceased, an allocation of parenting time visitation rights
shall be granted to the grandparents of the minor who are the
parents of the minor's legal parents unless it is shown that
such parenting time visitation would be detrimental to the best

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interests and welfare of the minor. In the discretion of the
court, reasonable parenting time visitation rights may be
granted to any other relative of the minor or other person
having an interest in the welfare of the child. However, the
court shall not grant parenting time visitation privileges to
any person who otherwise might have parenting time visitation
privileges under this Section where the minor has been adopted
subsequent to the death of both his legal parents except where
such adoption is by a close relative. For the purpose of this
Section, "close relative" shall include, but not be limited to,
a grandparent, aunt, uncle, first cousin, or adult brother or
sister.
Where such adoption is by a close relative, the court shall
not grant parenting time visitation privileges under this
Section unless the petitioner alleges and proves that he or she
has been unreasonably denied parenting time visitation with the
child. The court may grant reasonable parenting time visitation
privileges upon finding that such parenting time visitation
would be in the best interest of the child.
An order denying parenting time visitation rights to
grandparents of the minor shall be in writing and shall state
the reasons for denial. An order denying parenting time
visitation rights is a final order for purposes of appeal.
(b) Unless the court determines, after considering all
relevant factors, including but not limited to those set forth
in Section 602.7 602(a) of the Illinois Marriage and

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Dissolution of Marriage Act, that it would be in the best
interests of the child to allow parenting time visitation, the
court shall not enter an order providing parenting time
visitation rights and pursuant to a motion to modify parenting
time visitation brought under Section 610.5 607(f) of the
Illinois Marriage and Dissolution of Marriage Act shall revoke
parenting time visitation rights previously granted to any
person who would otherwise be entitled to petition for
parenting time visitation rights under this Section who has
been convicted of first degree murder of the parent,
grandparent, great-grandparent, or sibling of the child who is
the subject of the order. Until an order is entered pursuant to
this subsection, no person shall visit, with the child present,
a person who has been convicted of first degree murder of the
parent, grandparent, great-grandparent, or sibling of the
child without the consent of the child's parent, other than a
parent convicted of first degree murder as set forth herein, or
legal guardian.
(Source: P.A. 90-801, eff. 6-1-99.)
HB1452 - 182 - LRB098 02948 HEP 32963 b
INDEX
Statutes amended in order of appearance
735 ILCS 5/13-202 from Ch. 110, par. 13-202
740 ILCS 5/Act title
740 ILCS 5/0.01 from Ch. 40, par. 1900
740 ILCS 5/7.1 new
740 ILCS 5/1 rep.
740 ILCS 5/2 rep.
740 ILCS 5/3 rep.
740 ILCS 5/4 rep.
740 ILCS 5/5 rep.
740 ILCS 5/6 rep.
740 ILCS 5/7 rep.
740 ILCS 15/0.01 from Ch. 40, par. 1800
740 ILCS 15/10.1 new
740 ILCS 15/1 rep.
740 ILCS 15/2 rep.
740 ILCS 15/3 rep.
740 ILCS 15/4 rep.
740 ILCS 15/5 rep.
740 ILCS 15/6 rep.
740 ILCS 15/7 rep.
740 ILCS 15/8 rep.
740 ILCS 15/9 rep.
740 ILCS 15/10 rep.
HB1452 - 183 - LRB098 02948 HEP 32963 b
740 ILCS 50/Act title
740 ILCS 50/0.01 from Ch. 40, par. 1950
740 ILCS 50/7.1 new
740 ILCS 50/1 rep.
740 ILCS 50/2 rep.
740 ILCS 50/3 rep.
740 ILCS 50/4 rep.
740 ILCS 50/5 rep.
740 ILCS 50/6 rep.
740 ILCS 50/7 rep.
325 ILCS 40/7.1 from Ch. 23, par. 2257.1
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
750 ILCS 5/102 from Ch. 40, par. 102
750 ILCS 5/104 from Ch. 40, par. 104
750 ILCS 5/105 from Ch. 40, par. 105
750 ILCS 5/107 from Ch. 40, par. 107
750 ILCS 5/209 from Ch. 40, par. 209
750 ILCS 5/219 from Ch. 40, par. 219
750 ILCS 5/401 from Ch. 40, par. 401
750 ILCS 5/402 from Ch. 40, par. 402
750 ILCS 5/403 from Ch. 40, par. 403
750 ILCS 5/404 from Ch. 40, par. 404
750 ILCS 5/404.1 from Ch. 40, par. 404.1
750 ILCS 5/405 from Ch. 40, par. 405
750 ILCS 5/409 from Ch. 40, par. 409
750 ILCS 5/411 from Ch. 40, par. 411
HB1452 - 184 - LRB098 02948 HEP 32963 b
750 ILCS 5/413 from Ch. 40, par. 413
750 ILCS 5/452
750 ILCS 5/453
750 ILCS 5/501 from Ch. 40, par. 501
750 ILCS 5/501.1 from Ch. 40, par. 501.1
750 ILCS 5/502 from Ch. 40, par. 502
750 ILCS 5/503 from Ch. 40, par. 503
750 ILCS 5/504 from Ch. 40, par. 504
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 5/505.1 from Ch. 40, par. 505.1
750 ILCS 5/508 from Ch. 40, par. 508
750 ILCS 5/510 from Ch. 40, par. 510
750 ILCS 5/512 from Ch. 40, par. 512
750 ILCS 5/513 from Ch. 40, par. 513
750 ILCS 5/513.5 new
750 ILCS 5/Pt. VI heading
750 ILCS 5/600 new
750 ILCS 5/601.2 new
750 ILCS 5/602.5 new
750 ILCS 5/602.7 new
750 ILCS 5/602.10 new
750 ILCS 5/603.5 new
750 ILCS 5/603.10 new
750 ILCS 5/604.10 new
750 ILCS 5/606.5 new
750 ILCS 5/606.10 new
HB1452 - 185 - LRB098 02948 HEP 32963 b
750 ILCS 5/607.5 new
750 ILCS 5/609.2 new
750 ILCS 5/610.5 new
750 ILCS 5/612 new
750 ILCS 5/406 rep.
750 ILCS 5/407 rep.
750 ILCS 5/408 rep.
750 ILCS 5/412 rep.
750 ILCS 5/514 rep.
750 ILCS 5/515 rep.
750 ILCS 5/516 rep.
750 ILCS 5/517 rep.
750 ILCS 5/601 rep.
750 ILCS 5/601.5 rep.
750 ILCS 5/602 rep.
750 ILCS 5/602.1 rep.
750 ILCS 5/603 rep.
750 ILCS 5/604 rep.
750 ILCS 5/604.5 rep.
750 ILCS 5/605 rep.
750 ILCS 5/606 rep.
750 ILCS 5/607 rep.
750 ILCS 5/607.1 rep.
750 ILCS 5/608 rep.
750 ILCS 5/609 rep.
750 ILCS 5/610 rep.
HB1452 - 186 - LRB098 02948 HEP 32963 b