Public Act 100-0923

SB2289 Enrolled LRB100 15957 HEP 31700 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is

amended by changing Section 112A-14 as follows:

(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

Sec. 112A-14. Order of protection; remedies.

(a) (Blank).

(b) The court may order any of the remedies listed in this

subsection. The remedies listed in this subsection shall be in

addition to other civil or criminal remedies available to

petitioner.

(1) Prohibition of abuse. Prohibit respondent's

harassment, interference with personal liberty,

intimidation of a dependent, physical abuse or willful

deprivation, as defined in this Article, if such abuse 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 subsection (c-2) of

Section 501 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.

(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

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

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

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. If 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. If

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

in loco parentis.

If the respondent is charged with abuse (as defined in

Section 112A-3) 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 legal custody. Award temporary legal

custody to petitioner in accordance with this Section, the

Illinois Marriage and Dissolution of Marriage Act, the

Illinois Parentage Act of 2015, and this State's Uniform

Child-Custody Jurisdiction and Enforcement Act.

If the respondent is charged with abuse (as defined in

Section 112A-3) of a minor child, there shall be a

rebuttable presumption that awarding temporary legal

custody to respondent would not be in the child's best

interest.

(7) Visitation. Determine the visitation rights, if

any, of respondent in any case in which the court awards

physical care or temporary 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

visitation; (ii) use the 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 607.1

of the Illinois Marriage and Dissolution of Marriage Act.

If the court grants visitation, the order shall specify

dates and times for the visitation to take place or other

specific parameters or conditions that are appropriate. No

order for visitation shall refer merely to the term

"reasonable visitation".

Petitioner may deny respondent access to the minor

child if, when respondent arrives for 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 visitation, and the parties shall

submit to the court their recommendations for reasonable

alternative arrangements for visitation. A person may be

approved to supervise 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

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

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 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 or custody, prior to entry of an order for legal

custody. Such a support order shall expire upon entry of a

valid order 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. Such losses shall 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

of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(A) A person who is subject to an existing order of

protection, issued under this Code may not lawfully

possess weapons under Section 8.2 of the Firearm Owners

Identification Card Act.

(B) Any firearms in the possession of the

respondent, except as provided in subparagraph (C) of

this paragraph (14.5), shall be ordered by the court to

be turned over to a person with a valid Firearm Owner's

Identification Card for safekeeping. The court shall

issue an order that the respondent's Firearm Owner's

Identification Card be turned over to the local law

enforcement agency, which in turn shall immediately

mail the card to the Department of State Police Firearm

Owner's Identification Card Office for safekeeping.

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 expiration of the order of protection.

(C) If the respondent is a peace officer as defined

in Section 2-13 of the Criminal Code of 2012, 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.

(D) 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

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 112A-5, 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

a family or household member 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 to establish

that the harm is an irreparable injury.

(18) Telephone services.

(A) Unless a condition described in subparagraph

(B) of this paragraph exists, the court may, upon

request by the petitioner, order a wireless telephone

service provider to transfer to the petitioner the

right to continue to use a telephone number or numbers

indicated by the petitioner and the financial

responsibility associated with the number or numbers,

as set forth in subparagraph (C) of this paragraph. For

purposes of this paragraph (18), the term "wireless

telephone service provider" means a provider of

commercial mobile service as defined in 47 U.S.C. 332.

The petitioner may request the transfer of each

telephone number that the petitioner, or a minor child

in his or her custody, uses. The clerk of the court

shall serve the order on the wireless telephone service

provider's agent for service of process provided to the

Illinois Commerce Commission. The order shall contain

all of the following:

(i) The name and billing telephone number of

the account holder including the name of the

wireless telephone service provider that serves

the account.

(ii) Each telephone number that will be

transferred.

(iii) A statement that the provider transfers

to the petitioner all financial responsibility for

and right to the use of any telephone number

transferred under this paragraph.

(B) A wireless telephone service provider shall

terminate the respondent's use of, and shall transfer

to the petitioner use of, the telephone number or

numbers indicated in subparagraph (A) of this

paragraph unless it notifies the petitioner, within 72

hours after it receives the order, that one of the

following applies:

(i) The account holder named in the order has

terminated the account.

(ii) A difference in network technology would

prevent or impair the functionality of a device on

a network if the transfer occurs.

(iii) The transfer would cause a geographic or

other limitation on network or service provision

to the petitioner.

(iv) Another technological or operational

issue would prevent or impair the use of the

telephone number if the transfer occurs.

(C) The petitioner assumes all financial

responsibility for and right to the use of any

telephone number transferred under this paragraph. In

this paragraph, "financial responsibility" includes

monthly service costs and costs associated with any

mobile device associated with the number.

(D) A wireless telephone service provider may

apply to the petitioner its routine and customary

requirements for establishing an account or

transferring a number, including requiring the

petitioner to provide proof of identification,

financial information, and customer preferences.

(E) Except for willful or wanton misconduct, a

wireless telephone service provider is immune from

civil liability for its actions taken in compliance

with a court order issued under this paragraph.

(F) All wireless service providers that provide

services to residential customers shall provide to the

Illinois Commerce Commission the name and address of an

agent for service of orders entered under this

paragraph (18). Any change in status of the registered

agent must be reported to the Illinois Commerce

Commission within 30 days of such change.

(G) The Illinois Commerce Commission shall

maintain the list of registered agents for service for

each wireless telephone service provider on the

Commission's website. The Commission may consult with

wireless telephone service providers and the Circuit

Court Clerks on the manner in which this information is

provided and displayed.

(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 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 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 removed from the

jurisdiction, improperly concealed within the State or

improperly separated from the child's primary

caretaker.

(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) (Blank).

(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 or under the Illinois Parentage Act

of 2015 on and after the effective date of that Act. Absent

such an adjudication, no putative father shall be granted

temporary 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

force provided by Article 7 of the Criminal Code of 2012;

(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 7 of the Criminal Code

of 2012;

(4) Petitioner did not act in self-defense or defense

of another;

(5) Petitioner left the residence or household to avoid

further abuse by respondent;

(6) Petitioner did not leave the residence or household

to avoid further abuse by respondent;

(7) Conduct by any family or household member excused

the abuse by respondent, unless that same conduct would

have excused such abuse if the parties had not been family

or household members.

(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;

100-388, eff. 1-1-18; revised 10-10-17.)

Section 10. The Illinois Marriage and Dissolution of

Marriage Act is amended by changing Sections 504, 505, and 510

as follows:

(750 ILCS 5/504) (from Ch. 40, par. 504)

Sec. 504. Maintenance.

(a) Entitlement to maintenance. In a proceeding for

dissolution of marriage, or legal separation, or declaration of

invalidity of marriage, or dissolution of a civil union, or a

proceeding for maintenance following a legal separation or

dissolution of the marriage or civil union by a court which

lacked personal jurisdiction over the absent spouse, a

proceeding for modification of a previous order for maintenance

under Section 510 of this Act, or any proceeding authorized

under Section 501 of this Act, the court may grant a

maintenance award for either spouse in amounts and for periods

of time as the court deems just, without regard to marital

misconduct, and the maintenance may be paid from the income or

property of the other spouse. The court shall first make a

finding as to determine whether a maintenance award is

appropriate, 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 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;

(5) any impairment of the realistic present or future

earning capacity of the party against whom maintenance is

sought;

(6) 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

(6.1) the effect of any parental responsibility

arrangements and its effect on a party's ability to seek or

maintain the party seeking employment;

(7) the standard of living established during the

marriage;

(8) the duration of the marriage;

(9) the age, health, station, occupation, amount and

sources of income, vocational skills, employability,

estate, liabilities, and the needs of each of the parties;

(10) all sources of public and private income

including, without limitation, disability and retirement

income;

(11) the tax consequences to each party of the property

division upon the respective economic circumstances of the

parties;

(12) contributions and services by the party seeking

maintenance to the education, training, career or career

potential, or license of the other spouse;

(13) any valid agreement of the parties; and

(14) any other factor that the court expressly finds to

be just and equitable.

(b) (Blank).

(b-1) Amount and duration of maintenance. Unless the court

finds that a maintenance award is appropriate, it shall bar

maintenance as to the party seeking maintenance regardless of

the length of the marriage at the time the action was

commenced. Only if If the court finds determines that a

maintenance award is appropriate, the court shall order

guideline maintenance in accordance with either paragraph (1)

or non-guideline maintenance in accordance with paragraph (2)

of this subsection (b-1). If the application of guideline

maintenance results in a combined maintenance and child support

obligation that exceeds 50% of the payor's net income, the

court may determine non-guideline maintenance in accordance

with paragraph (2) of this subsection (b-1), non-guideline

child support in accordance with paragraph (3.4) of subsection

(a) of Section 505, or both. :

(1) Maintenance award in accordance with guidelines.

If In situations when the combined gross annual income of

the parties is less than $500,000 and the payor has no

obligation to pay child support or maintenance or both from

a prior relationship, maintenance payable after the date

the parties' marriage is dissolved shall be in accordance

with subparagraphs (A) and (B) of this paragraph (1),

unless the court makes a finding that the application of

the guidelines would be inappropriate.

(A) The amount of maintenance under this paragraph

(1) shall be calculated by taking 33 1/3% of the

payor's net annual income minus 25% of the payee's net

annual income. The amount calculated as maintenance,

however, when added to the net income of the payee,

shall not result in the payee receiving an amount that

is in excess of 40% of the combined net income of the

parties.

(A-1) Modification of maintenance orders entered

before January 1, 2019 that are and continue to be

eligible for inclusion in the gross income of the payee

for federal income tax purposes and deductible by the

payor shall be calculated by taking 30% of the payor's

gross annual income minus 20% of the payee's gross

annual income, unless both parties expressly provide

otherwise in the modification order. The amount

calculated as maintenance, however, when added to the

gross income of the payee, may not result in the payee

receiving an amount that is in excess of 40% of the

combined gross income of the parties. The amount of

maintenance under this paragraph (1) shall be

calculated by taking 30% of the payor's gross annual

income minus 20% of the payee's gross annual income.

The amount calculated as maintenance, however, when

added to the gross income of the payee, may not result

in the payee receiving an amount that is in excess of

40% of the combined gross income of the parties.

(B) The duration of an award under this paragraph

(1) shall be calculated by multiplying the length of

the marriage at the time the action was commenced by

whichever of the following factors applies: less than 5

years (.20); 5 years or more but less than 6 years

(.24); 6 years or more but less than 7 years (.28); 7

years or more but less than 8 years (.32); 8 years or

more but less than 9 years (.36); 9 years or more but

less than 10 years (.40); 10 years or more but less

than 11 years (.44); 11 years or more but less than 12

years (.48); 12 years or more but less than 13 years

(.52); 13 years or more but less than 14 years (.56);

14 years or more but less than 15 years (.60); 15 years

or more but less than 16 years (.64); 16 years or more

but less than 17 years (.68); 17 years or more but less

than 18 years (.72); 18 years or more but less than 19

years (.76); 19 years or more but less than 20 years

(.80). For a marriage of 20 or more years, the court,

in its discretion, shall order maintenance for a period

equal to the length of the marriage or for an

indefinite term.

(1.5) In the discretion of the court, any term of

temporary maintenance paid by court order under pursuant to

Section 501 may be a corresponding credit to the duration

of maintenance set forth in subparagraph (b-1)(1)(B).

(2) Maintenance award not in accordance with

guidelines. Any non-guidelines award of maintenance shall

be made after the court's consideration of all relevant

factors set forth in subsection (a) of this Section.

(b-2) Findings. In each case involving the issue of

maintenance, the court shall make specific findings of fact, as

follows:

(1) the court shall state its reasoning for awarding or

not awarding maintenance and shall include references to

each relevant factor set forth in subsection (a) of this

Section; and

(2) if the court deviates from otherwise applicable

guidelines under paragraph (1) of subsection (b-1), it

shall state in its findings the amount of maintenance (if

determinable) or duration that would have been required

under the guidelines and the reasoning for any variance

from the guidelines; and .

(3) the court shall state whether the maintenance is

fixed-term, indefinite, reviewable, or reserved by the

court.

(b-3) Gross income. For purposes of this Section, the term

"gross income" means all income from all sources, within the

scope of that phrase in Section 505 of this Act, except

maintenance payments in the pending proceedings shall not be

included.

(b-3.5) Net income. As used in this Section, "net income"

has the meaning provided in Section 505 of this Act, except

maintenance payments in the pending proceedings shall not be

included.

(b-4) Modification of maintenance orders entered before

January 1, 2019. For any order for maintenance or unallocated

maintenance and child support entered before January 1, 2019

that is modified after December 31, 2018, payments thereunder

shall continue to retain the same tax treatment for federal

income tax purposes unless both parties expressly agree

otherwise and the agreement is included in the modification

order Unallocated maintenance. Unless the parties otherwise

agree, the court may not order unallocated maintenance and

child support in any dissolution judgment or in any

post-dissolution order. In its discretion, the court may order

unallocated maintenance and child support in any

pre-dissolution temporary order.

(b-4.5) Maintenance designation Fixed-term maintenance in

marriages of less than 10 years.

(1) Fixed-term maintenance. If a court grants

maintenance for a fixed term period under subsection (a) of

this Section at the conclusion of a case commenced before

the tenth anniversary of the marriage, the court shall may

also designate the termination of the period during which

this maintenance is to be paid. Maintenance is barred after

the end of the period during which fixed-term maintenance

is to be paid. as a "permanent termination". The effect of

this designation is that maintenance is barred after the

ending date of the period during which maintenance is to be

paid.

(2) Indefinite maintenance. If a court grants

maintenance for an indefinite term, the court shall not

designate a termination date. Indefinite maintenance shall

continue until modification or termination under Section

510.

(3) Reviewable maintenance. If a court grants

maintenance for a specific term with a review, the court

shall designate the period of the specific term and state

that the maintenance is reviewable. Upon review, the court

shall make a finding in accordance with subdivision (b-8)

of this Section, unless the maintenance is modified or

terminated under Section 510.

(b-5) Interest on maintenance. 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-7) Maintenance judgments. 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.

(b-8) Review of maintenance. Upon review of any previously

ordered maintenance award, the court may extend maintenance for

further review, extend maintenance for a fixed non-modifiable

term, extend maintenance for an indefinite term, or permanently

terminate maintenance in accordance with subdivision

(b-1)(1)(A) of this Section.

(c) Maintenance during an appeal. 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) Maintenance during imprisonment. 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.

(e) Fees when maintenance is paid through the clerk. When

maintenance is to be paid through the clerk of the court in a

county of 500,000 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 (4) of subsection (bb) of Section 27.1a

paragraph (3) of subsection (u) of Section 27.1 of the Clerks

of Courts Act. When maintenance is to be paid through the clerk

of the court in a county of more than 500,000 but less than

3,000,000 inhabitants, 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 (4) of

subsection (bb) of Section 27.2 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) Maintenance secured by life insurance. 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 the parties

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:

(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) (Blank) 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

provides.

(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-520,

eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective

date of P.A. 100-520).)

(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, or

dissolution of a civil union, a proceeding for child support

following a legal separation or dissolution of the marriage or

civil union 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 or civil union to pay an amount

reasonable and necessary for support. The duty of support owed

to a child includes the obligation to provide for the

reasonable and necessary 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 age

19 or younger who is still attending high school. For purposes

of this Section, the term "obligor" means the parent obligated

to pay support to the other parent.

(1) Child support guidelines. The Illinois Department

of Healthcare and Family Services shall adopt rules

establishing child support guidelines which include

worksheets to aid in the calculation of the child support

obligations and a schedule of basic child support

obligations that reflects the percentage of combined net

income that parents living in the same household in this

State ordinarily spend on their child. The child support

guidelines have the following purposes:

(A) to establish as State policy an adequate

standard of support for a child, subject to the ability

of parents to pay;

(B) to make child support obligations more

equitable by ensuring more consistent treatment of

parents in similar circumstances;

(C) to improve the efficiency of the court process

by promoting settlements and giving courts and the

parties guidance in establishing levels of child

support;

(D) to calculate child support based upon the

parents' combined net income estimated to have been

allocated for the support of the child if the parents

and child were living in an intact household;

(E) to adjust child support based upon the needs of

the child; and

(F) to allocate the amount of child support to be

paid by each parent based upon a parent's net income

and the child's physical care arrangements.

(1.5) Computation of basic child support obligation.

The court shall compute the basic child support obligation

by taking the following steps:

(A) determine each parent's monthly net income;

(B) add the parents' monthly net incomes together

to determine the combined monthly net income of the

parents;

(C) select the corresponding appropriate amount

from the schedule of basic child support obligations

based on the parties' combined monthly net income and

number of children of the parties; and

(D) calculate each parent's percentage share of

the basic child support obligation.

Although a monetary obligation is computed for each

parent as child support, the receiving parent's share is

not payable to the other parent and is presumed to be spent

directly on the child.

(2) Duty of support. The court shall determine child

support in each case by applying the child support

guidelines unless the court makes a finding that

application of the guidelines would be inappropriate,

after considering the best interests of the child and

evidence which shows relevant factors including, but not

limited to, one or more of the following:

(A) the financial resources and needs of the child;

(B) the financial resources and needs of the

parents;

(C) the standard of living the child would have

enjoyed had the marriage or civil union not been

dissolved; and

(D) the physical and emotional condition of the

child and his or her educational needs.

(3) Income.

(A) As used in this Section, "gross income" means

the total of all income from all sources, except "gross

income" does not include (i) benefits received by the

parent from means-tested public assistance programs,

including, but not limited to, Temporary Assistance

for to Needy Families, Supplemental Security Income,

and the Supplemental Nutrition Assistance Program or

(ii) benefits and income received by the parent for

other children in the household, including, but not

limited to, child support, survivor benefits, and

foster care payments. Social security disability and

retirement benefits paid for the benefit of the subject

child must be included in the disabled or retired

parent's gross income for purposes of calculating the

parent's child support obligation, but the parent is

entitled to a child support credit for the amount of

benefits paid to the other party for the child. "Gross

income" also includes spousal maintenance treated as

taxable income for federal income tax purposes to the

payee and received pursuant to a court order in the

pending proceedings or any other proceedings and shall

that must be included in the payee's recipient's gross

income for purposes of calculating the parent's child

support obligation.

(B) As used in this Section, "net income" means

gross income minus either the standardized tax amount

calculated pursuant to subparagraph (C) of this

paragraph (3) or the individualized tax amount

calculated pursuant to subparagraph (D) of this

paragraph (3), and minus any adjustments pursuant to

subparagraph (F) of this paragraph (3). The

standardized tax amount shall be used unless the

requirements for an individualized tax amount set

forth in subparagraph (E) of this paragraph (3) are

met. "Net income" includes maintenance not includable

in the gross taxable income of the payee for federal

income tax purposes under a court order in the pending

proceedings or any other proceedings and shall be

included in the payee's net income for purposes of

calculating the parent's child support obligation.

(C) As used in this Section, "standardized tax

amount" means the total of federal and state income

taxes for a single person claiming the standard tax

deduction, one personal exemption, and the applicable

number of dependency exemptions for the minor child or

children of the parties, and Social Security and

Medicare tax calculated at the Federal Insurance

Contributions Act rate.

(I) Unless a court has determined otherwise or

the parties otherwise agree, the party with the

majority of parenting time shall be deemed

entitled to claim the dependency exemption for the

parties' minor child.

(II) The Illinois Department of Healthcare and

Family Services shall promulgate a standardized

net income conversion table that computes net

income by deducting the standardized tax amount

from gross income.

(D) As used in this Section, "individualized tax

amount" means the aggregate of the following taxes:

(I) federal income tax (properly calculated

withholding or estimated payments);

(II) State income tax (properly calculated

withholding or estimated payments); and

(III) Social Security or self-employment tax,

if applicable (or, if none, mandatory retirement

contributions required by law or as a condition of

employment) and Medicare tax calculated at the

Federal Insurance Contributions Act rate.

(E) In lieu of a standardized tax amount, a

determination of an individualized tax amount may be

made under items (I), (II), or (III) below. If an

individualized tax amount determination is made under

this subparagraph (E), all relevant tax attributes

(including filing status, allocation of dependency

exemptions, and whether a party is to claim the use of

the standard deduction or itemized deductions for

federal income tax purposes) shall be as the parties

agree or as the court determines. To determine a

party's reported income, the court may order the party

to complete an Internal Revenue Service Form 4506-T,

Request for Tax Transcript.

(I) Agreement. Irrespective of whether the

parties agree on any other issue before the court,

if they jointly stipulate for the record their

concurrence on a computation method for the

individualized tax amount that is different from

the method set forth under subparagraph (D), the

stipulated method shall be used by the court unless

the court rejects the proposed stipulated method

for good cause.

(II) Summary hearing. If the court determines

child support in a summary hearing under Section

501 and an eligible party opts in to the

individualized tax amount method under this item

(II), the individualized tax amount shall be

determined by the court on the basis of information

contained in one or both parties' Supreme Court

approved Financial Affidavit (Family & Divorce

Cases) and relevant supporting documents under

applicable court rules. No party, however, is

eligible to opt in unless the party, under

applicable court rules, has served the other party

with the required Supreme Court approved Financial

Affidavit (Family & Divorce Cases) and has

substantially produced supporting documents

required by the applicable court rules.

(III) Evidentiary hearing. If the court

determines child support in an evidentiary

hearing, whether for purposes of a temporary order

or at the conclusion of a proceeding, item (II) of

this subparagraph (E) does not apply. In each such

case (unless item (I) governs), the individualized

tax amount shall be as determined by the court on

the basis of the record established.

(F) Adjustments to income.

(I) Multi-family adjustment. If a parent is

also legally responsible for support of a child not

shared with the other parent and not subject to the

present proceeding, there shall be an adjustment

to net income as follows:

(i) Multi-family adjustment with court

order. The court shall deduct from the parent's

net income the amount of child support actually

paid by the parent pursuant to a support order

unless the court makes a finding that it would

cause economic hardship to the child.

(ii) Multi-family adjustment without court

order. Upon the request or application of a

parent actually supporting a presumed,

acknowledged, or adjudicated child living in

or outside of that parent's household, there

shall be an adjustment to child support. The

court shall deduct from the parent's net income

the amount of financial support actually paid

by the parent for the child or 75% of the

support the parent should pay under the child

support guidelines (before this adjustment),

whichever is less, unless the court makes a

finding that it would cause economic hardship

to the child. The adjustment shall be

calculated using that parent's income alone.

(II) Spousal Maintenance adjustment.

Obligations pursuant to a court order for spousal

maintenance in the pending proceeding actually

paid or payable to the same party to whom child

support is to be payable or actually paid to a

former spouse pursuant to a court order shall be

deducted from the parent's after-tax income,

unless the maintenance obligation is tax

deductible to the payor for federal income tax

purposes, in which case it shall be deducted from

the payor's gross income for purposes of

calculating the parent's child support obligation

gross income.

(3.1) Business income. For purposes of calculating

child support, net business income from the operation of a

business means gross receipts minus ordinary and necessary

expenses required to carry on the trade or business. As

used in this paragraph, "business" includes, but is not

limited to, sole proprietorships, closely held

corporations, partnerships, other flow-through business

entities, and self-employment. The court shall apply the

following:

(A) The accelerated component of depreciation and

any business expenses determined either judicially or

administratively to be inappropriate or excessive

shall be excluded from the total of ordinary and

necessary business expenses to be deducted in the

determination of net business income from gross

business income.

(B) Any item of reimbursement or in-kind payment

received by a parent from a business, including, but

not limited to, a company car, reimbursed meals, free

housing, or a housing allowance, shall be counted as

income if not otherwise included in the recipient's

gross income, if the item is significant in amount and

reduces personal expenses.

(3.2) Unemployment or underemployment. If a parent is

voluntarily unemployed or underemployed, child support

shall be calculated based on a determination of potential

income. A determination of potential income shall be made

by determining employment potential and probable earnings

level based on the obligor's work history, occupational

qualifications, prevailing job opportunities, the

ownership by a parent of a substantial non-income producing

asset, and earnings levels in the community. If there is

insufficient work history to determine employment

potential and probable earnings level, there shall be a

rebuttable presumption that the parent's potential income

is 75% of the most recent United States Department of

Health and Human Services Federal Poverty Guidelines for a

family of one person.

(3.3) Rebuttable presumption in favor of guidelines.

There is a rebuttable presumption in any judicial or

administrative proceeding for child support that the

amount of the child support obligation that would result

from the application of the child support guidelines is the

correct amount of child support.

(3.3a) Minimum child support obligation. There is a

rebuttable presumption that a minimum child support

obligation of $40 per month, per child, will be entered for

an obligor who has actual or imputed gross income at or

less than 75% of the most recent United States Department

of Health and Human Services Federal Poverty Guidelines for

a family of one person, with a maximum total child support

obligation for that obligor of $120 per month to be divided

equally among all of the obligor's children.

(3.3b) Zero dollar child support order. For parents

with no gross income, who receive only means-tested

assistance, or who cannot work due to a medically proven

disability, incarceration, or institutionalization, there

is a rebuttable presumption that the $40 per month minimum

support order is inapplicable and a zero dollar order shall

be entered.

(3.4) Deviation factors. In any action to establish or

modify child support, whether pursuant to a temporary or

final administrative or court order, the child support

guidelines shall be used as a rebuttable presumption for

the establishment or modification of the amount of child

support. The court may deviate from the child support

guidelines if the application would be inequitable,

unjust, or inappropriate. Any deviation from the

guidelines shall be accompanied by written findings by the

court specifying the reasons for the deviation and the

presumed amount under the child support guidelines without

a deviation. These reasons may include:

(A) extraordinary medical expenditures necessary

to preserve the life or health of a party or a child of

either or both of the parties;

(B) additional expenses incurred for a child

subject to the child support order who has special

medical, physical, or developmental needs; and

(C) any other factor the court determines should be

applied upon a finding that the application of the

child support guidelines would be inappropriate, after

considering the best interest of the child.

(3.5) Income in excess of the schedule of basic child

support obligation. A court may use its discretion to

determine child support if the combined adjusted net income

of the parties exceeds the highest level of the schedule of

basic child support obligation, except that the basic child

support obligation shall not be less than the highest level

of combined net income set forth in the schedule of basic

child support obligation.

(3.6) Extracurricular activities and school expenses.

The court, in its discretion, in addition to the basic

child support obligation, may order either or both parents

owing a duty of support to the child to contribute to the

reasonable school and extracurricular activity expenses

incurred which are intended to enhance the educational,

athletic, social, or cultural development of the child.

(3.7) Child care expenses. The court, in its

discretion, in addition to the basic child support

obligation, may order either or both parents owing a duty

of support to the child to contribute to the reasonable

child care expenses of the child. The child care expenses

shall be made payable directly to a party or directly to

the child care provider at the time of child care services.

(A) "Child care expenses" means actual expenses

reasonably necessary to enable a parent or non-parent

custodian to be employed, to attend educational or

vocational training programs to improve employment

opportunities, or to search for employment. "Child

care expenses" also includes deposits for securing

placement in a child care program, the cost of before

and after school care, and camps when school is not in

session. A child's special needs shall be a

consideration in determining reasonable child care

expenses.

(B) Child care expenses shall be prorated in

proportion to each parent's percentage share of

combined net income, and may be added to the basic

child support obligation if not paid directly by each

parent to the provider of child care services. The

obligor's and obligee's portion of actual child care

expenses shall appear in the support order. If allowed,

the value of the federal income tax credit for child

care shall be subtracted from the actual cost to

determine the net child care costs.

(C) The amount of child care expenses shall be

adequate to obtain reasonable and necessary child

care. The actual child care expenses shall be used to

calculate the child care expenses, if available. When

actual child care expenses vary, the actual child care

expenses may be averaged over the most recent 12-month

period. When a parent is temporarily unemployed or

temporarily not attending educational or vocational

training programs, future child care expenses shall be

based upon prospective expenses to be incurred upon

return to employment or educational or vocational

training programs.

(D) An order for child care expenses may be

modified upon a showing of a substantial change in

circumstances. The party incurring child care expenses

shall notify the other party within 14 days of any

change in the amount of child care expenses that would

affect the annualized child care amount as determined

in the support order.

(3.8) Shared physical care. If each parent exercises

146 or more overnights per year with the child, the basic

child support obligation is multiplied by 1.5 to calculate

the shared care child support obligation. The court shall

determine each parent's share of the shared care child

support obligation based on the parent's percentage share

of combined net income. The child support obligation is

then computed for each parent by multiplying that parent's

portion of the shared care support obligation by the

percentage of time the child spends with the other parent.

The respective child support obligations are then offset,

with the parent owing more child support paying the

difference between the child support amounts. The Illinois

Department of Healthcare and Family Services shall

promulgate a worksheet to calculate child support in cases

in which the parents have shared physical care and use the

standardized tax amount to determine net income.

(3.9) Split physical care. When there is more than one

child and each parent has physical care of at least one but

not all of the children, the support is calculated by using

2 child support worksheets to determine the support each

parent owes the other. The support shall be calculated as

follows:

(A) compute the support the first parent would owe

to other parent as if the child in his or her care was

the only child of the parties; then

(B) compute the support the other parent would owe

to the first parent as if the child in his or her care

were the only child of the parties; then

(C) subtract the lesser support obligation from

the greater.

The parent who owes the greater obligation shall be

ordered to pay the difference in support to the other

parent, unless the court determines, pursuant to other

provisions of this Section, that it should deviate from the

guidelines.

(4) Health care.

(A) A portion of the basic child support obligation

is intended to cover basic ordinary out-of-pocket

medical expenses. The court, in its discretion, in

addition to the basic child support obligation, shall

also provide for the child's current and future medical

needs by ordering either or both parents to initiate

health insurance coverage for the child through

currently effective health insurance policies held by

the parent or parents, purchase one or more or all

health, dental, or vision insurance policies for the

child, or provide for the child's current and future

medical needs through some other manner.

(B) The court, in its discretion, may order either

or both parents to contribute to the reasonable health

care needs of the child not covered by insurance,

including, but not limited to, unreimbursed medical,

dental, orthodontic, or vision expenses and any

prescription medication for the child not covered

under the child's health insurance.

(C) If neither parent has access to appropriate

private health insurance coverage, the court may

order:

(I) one or both parents to provide health

insurance coverage at any time it becomes

available at a reasonable cost; or

(II) the parent or non-parent custodian with

primary physical responsibility for the child to

apply for public health insurance coverage for the

child and require either or both parents to pay a

reasonable amount of the cost of health insurance

for the child.

The order may also provide that any time private

health insurance coverage is available at a reasonable

cost to that party it will be provided instead of cash

medical support. As used in this Section, "cash medical

support" means an amount ordered to be paid toward the

cost of health insurance provided by a public entity or

by another person through employment or otherwise or

for other medical costs not covered by insurance.

(D) The amount to be added to the basic child

support obligation shall be the actual amount of the

total health insurance premium that is attributable to

the child who is the subject of the order. If this

amount is not available or cannot be verified, the

total cost of the health insurance premium shall be

divided by the total number of persons covered by the

policy. The cost per person derived from this

calculation shall be multiplied by the number of

children who are the subject of the order and who are

covered under the health insurance policy. This amount

shall be added to the basic child support obligation

and shall be allocated between the parents in

proportion to their respective net incomes.

(E) After the health insurance premium for the

child is added to the basic child support obligation

and allocated between the parents in proportion to

their respective incomes for child support purposes,

if the obligor is paying the premium, the amount

calculated for the obligee's share of the health

insurance premium for the child shall be deducted from

the obligor's share of the total child support

obligation. If the obligee is paying for private health

insurance for the child, the child support obligation

shall be increased by the obligor's share of the

premium payment. The obligor's and obligee's portion

of health insurance costs shall appear in the support

order.

(F) Prior to allowing the health insurance

adjustment, the parent requesting the adjustment must

submit proof that the child has been enrolled in a

health insurance plan and must submit proof of the cost

of the premium. The court shall require the parent

receiving the adjustment to annually submit proof of

continued coverage of the child to the other parent, or

as designated by the court.

(G) A reasonable cost for providing health

insurance coverage for the child may not exceed 5% of

the providing parent's gross income. Parents with a net

income below 133% of the most recent United States

Department of Health and Human Services Federal

Poverty Guidelines or whose child is covered by

Medicaid based on that parent's income may not be

ordered to contribute toward or provide private

coverage, unless private coverage is obtainable

without any financial contribution by that parent.

(H) If dental or vision insurance is included as

part of the employer's medical plan, the coverage shall

be maintained for the child. If not included in the

employer's medical plan, adding the dental or vision

insurance for the child is at the discretion of the

court.

(I) If a parent has been directed to provide health

insurance pursuant to this paragraph and that parent's

spouse or legally recognized partner provides the

insurance for the benefit of the child either directly

or through employment, a credit on the child support

worksheet shall be given to that parent in the same

manner as if the premium were paid by that parent.

(4.5) In a proceeding for child support following

dissolution of the marriage or civil union 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

obligor'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 obligor's net

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 obligor was properly served with a

request for discovery of financial information relating to

the obligor's ability to provide child support, (ii) the

obligor failed to comply with the request, despite having

been ordered to do so by the court, and (iii) the obligor

is not present at the hearing to determine support despite

having received proper notice, then any relevant financial

information concerning the obligor'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 child support

based on the obligor's failure to make support payments as

required by the order, notice of proceedings to hold the

obligor in contempt for that failure may be served on the

obligor by personal service or by regular mail addressed to the

last known address of the obligor. The last known address of

the obligor may be determined from records of the clerk of the

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 physical

possession of the child or to the non-parent custodian having

custody of the child of the sentenced parent for the support of

the child 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

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 an obligor 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 obligor 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 obligor and the person, persons, or business

entity maintain records together.

(2) the obligor and the person, persons, or business

entity fail to maintain an arm's length relationship

between themselves with regard to any assets.

(3) the obligor transfers assets to the person,

persons, or business entity with the intent to perpetrate a

fraud on the obligee.

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

forms prescribed by the Secretary of State. 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

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

and personal property of the obligor for each installment of

overdue support owed by the obligor.

(e) When child support is to be paid through the Clerk of

the Court in a county of 500,000 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 (4) of subsection (bb) of Section

27.1a paragraph (3) of subsection (u) of Section 27.1 of the

Clerks of Courts Act. When child support is to be paid through

the clerk of the court in a county of more than 500,000 but

less than 3,000,000 inhabitants, 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

(4) of subsection (bb) of Section 27.2 of the Clerks of Courts

Act. Unless paid pursuant to an Income Withholding Order/Notice

for Support, the payment of the fee shall be by payment

acceptable to the clerk 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, except only the initials of any covered

minors shall be included, and (iii) of any new residential or

mailing address or telephone number of the obligor. 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 obligor, service of process or provision of

notice necessary in the case may be made at the last known

address of the obligor 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

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 January 1, 2005 (the effective date of Public Act

93-1061) 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 either parent to report to the other parent

and to the Clerk of Court within 10 days each time either

parent obtains new employment, and each time either parent's

employment is terminated for any reason. The report shall be in

writing and 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 either parent 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 either

obligor and obligee to advise the 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.

(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,

eff. 7-1-17; 100-15, eff. 7-1-17; revised 10-6-17.)

(750 ILCS 5/510) (from Ch. 40, par. 510)

Sec. 510. Modification and termination of provisions for

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

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.

The court may grant a petition for modification that seeks

to apply the changes made to subsection (a) of Section 505 by

Public Act 99-764 to an order entered before the effective date

of Public Act 99-764 only upon a finding of a substantial

change in circumstances that warrants application of the

changes. The enactment of Public Act 99-764 itself does not

constitute a substantial change in circumstances warranting a

modification.

(a-5) An order for maintenance may be modified or

terminated only upon a showing of a substantial change in

circumstances. The court may grant a petition for modification

that seeks to apply the changes made to Section 504 by this

amendatory Act of the 100th General Assembly to an order

entered before the effective date of this amendatory Act of the

100th General Assembly only upon a finding of a substantial

change in circumstances that warrants application of the

changes. The enactment of this amendatory Act of the 100th

General Assembly itself does not constitute a substantial

change in circumstances warranting a modification. 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;

(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.

(a-6) (Blank) In a review under subsection (b-4.5) of

Section 504 of this Act, the court may enter a fixed-term

maintenance award that bars future maintenance only if, at the

time of the entry of the award, the marriage had lasted 10

years or less at the time the original action was commenced.

(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, or if the party receiving

maintenance cohabits with another person on a resident,

continuing conjugal basis. An obligor's obligation to pay

maintenance or unallocated maintenance terminates by operation

of law on the date the obligee remarries or the date the court

finds cohabitation began. The obligor is entitled to

reimbursement for all maintenance paid from that date forward.

Any termination of an obligation for maintenance as a result of

the death of the obligor, 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 obligor's

life. An obligee must advise the obligor of his or her

intention to marry at least 30 days before the remarriage,

unless the decision is made within this time period. In that

event, he or she must notify the obligor within 72 hours of

getting married.

(c-5) In an adjudicated case, the court shall make specific

factual findings as to the reason for the modification as well

as the amount, nature, and duration of the modified maintenance

award.

(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

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, 513, and 513.5 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 or the

allocation of parental responsibilities, including parenting

time, 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.

(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; 100-15,

eff. 7-1-17; 100-201, eff. 8-18-17.)

Section 15. The Illinois Domestic Violence Act of 1986 is

amended by changing Section 214 as follows:

(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.

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 2012, 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 subsection (c-2) of

Section 501 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.

(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

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

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

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

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

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:

significant decision-making. Award temporary

decision-making responsibility to petitioner in accordance

with this Section, the Illinois Marriage and Dissolution of

Marriage Act, the Illinois Parentage Act of 2015, 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 significant decision-making

responsibility to respondent would not be in the child's

best interest.

(7) Parenting time. Determine the parenting time, if

any, of respondent in any case in which the court awards

physical care or allocates temporary significant

decision-making responsibility of a minor child to

petitioner. The court shall restrict or deny respondent's

parenting time 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; (ii) use the parenting time 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 of the Illinois Marriage and Dissolution of

Marriage Act. If the court grants parenting time, the order

shall specify dates and times for the parenting time to

take place or other specific parameters or conditions that

are appropriate. No order for parenting time shall refer

merely to the term "reasonable parenting time".

Petitioner may deny respondent access to the minor

child if, when respondent arrives for parenting time,

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, and the parties shall

submit to the court their recommendations for reasonable

alternative arrangements for parenting time. A person may

be approved to supervise parenting time 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

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

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, 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 of a

child, or an order or agreement for physical care of a

child, prior to entry of an order allocating significant

decision-making responsibility. Such a support order shall

expire upon entry of a valid order allocating parental

responsibility differently and vacating the petitioner's

significant decision-making authority, unless otherwise

provided in the 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

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

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

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 2012, 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

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

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.

(18) Telephone services.

(A) Unless a condition described in subparagraph

(B) of this paragraph exists, the court may, upon

request by the petitioner, order a wireless telephone

service provider to transfer to the petitioner the

right to continue to use a telephone number or numbers

indicated by the petitioner and the financial

responsibility associated with the number or numbers,

as set forth in subparagraph (C) of this paragraph. For

purposes of this paragraph (18), the term "wireless

telephone service provider" means a provider of

commercial mobile service as defined in 47 U.S.C. 332.

The petitioner may request the transfer of each

telephone number that the petitioner, or a minor child

in his or her custody, uses. The clerk of the court

shall serve the order on the wireless telephone service

provider's agent for service of process provided to the

Illinois Commerce Commission. The order shall contain

all of the following:

(i) The name and billing telephone number of

the account holder including the name of the

wireless telephone service provider that serves

the account.

(ii) Each telephone number that will be

transferred.

(iii) A statement that the provider transfers

to the petitioner all financial responsibility for

and right to the use of any telephone number

transferred under this paragraph.

(B) A wireless telephone service provider shall

terminate the respondent's use of, and shall transfer

to the petitioner use of, the telephone number or

numbers indicated in subparagraph (A) of this

paragraph unless it notifies the petitioner, within 72

hours after it receives the order, that one of the

following applies:

(i) The account holder named in the order has

terminated the account.

(ii) A difference in network technology would

prevent or impair the functionality of a device on

a network if the transfer occurs.

(iii) The transfer would cause a geographic or

other limitation on network or service provision

to the petitioner.

(iv) Another technological or operational

issue would prevent or impair the use of the

telephone number if the transfer occurs.

(C) The petitioner assumes all financial

responsibility for and right to the use of any

telephone number transferred under this paragraph. In

this paragraph, "financial responsibility" includes

monthly service costs and costs associated with any

mobile device associated with the number.

(D) A wireless telephone service provider may

apply to the petitioner its routine and customary

requirements for establishing an account or

transferring a number, including requiring the

petitioner to provide proof of identification,

financial information, and customer preferences.

(E) Except for willful or wanton misconduct, a

wireless telephone service provider is immune from

civil liability for its actions taken in compliance

with a court order issued under this paragraph.

(F) All wireless service providers that provide

services to residential customers shall provide to the

Illinois Commerce Commission the name and address of an

agent for service of orders entered under this

paragraph (18). Any change in status of the registered

agent must be reported to the Illinois Commerce

Commission within 30 days of such change.

(G) The Illinois Commerce Commission shall

maintain the list of registered agents for service for

each wireless telephone service provider on the

Commission's website. The Commission may consult with

wireless telephone service providers and the Circuit

Court Clerks on the manner in which this information is

provided and displayed.

(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 from the

jurisdiction, improperly concealed within the State or

improperly separated from the child's primary

caretaker.

(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

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 Parentage Act of 2015,

the Illinois Public Aid Code, Section 12 of the Vital

Records Act, the Juvenile Court Act of 1987, the Probate

Act of 1975 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 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

acknowledgment acknowledgement, no putative father shall

be granted temporary allocation of parental

responsibilities, including parenting time 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

force provided by Article 7 of the Criminal Code of 2012;

(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 7 of the Criminal Code

of 2012;

(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. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,

eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)

Section 95. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text

that is not yet or no longer in effect (for example, a Section

represented by multiple versions), the use of that text does

not accelerate or delay the taking effect of (i) the changes

made by this Act or (ii) provisions derived from any other

Public Act.

Section 99. Effective date. This Act takes effect January

1, 2019.