Bill Text: IL SB2570 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Code of Civil Procedure and the Illinois Marriage and Dissolution of Marriage Act. Provides that a monetary child support or maintenance order shall not be suspended or stayed due to a post-judgment motion.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2010-05-20 - Sent to the Governor [SB2570 Detail]
Download: Illinois-2009-SB2570-Enrolled.html
|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning civil law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-1203 as follows:
| ||||||
6 | (735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)
| ||||||
7 | Sec. 2-1203. Motions after judgment in non-jury cases. | ||||||
8 | (a) In all
cases tried without a jury, any party may, | ||||||
9 | within 30 days after the
entry of the judgment or within any | ||||||
10 | further time the court may allow
within the 30 days or any | ||||||
11 | extensions thereof, file a motion for a
rehearing, or a | ||||||
12 | retrial, or modification of the judgment or to vacate
the | ||||||
13 | judgment or for other relief.
| ||||||
14 | (b) Except as provided in subsection (a) of Section 413 of | ||||||
15 | the Illinois Marriage and Dissolution of Marriage Act, a A | ||||||
16 | motion filed in apt time stays enforcement of the judgment | ||||||
17 | except that a judgment granting injunctive or declaratory | ||||||
18 | relief shall be stayed only by a court order that follows a | ||||||
19 | separate application that sets forth just cause for staying the | ||||||
20 | enforcement.
| ||||||
21 | (Source: P.A. 95-902, eff. 1-1-09.)
| ||||||
22 | Section 10. The Illinois Marriage and Dissolution of |
| |||||||
| |||||||
1 | Marriage Act is amended by changing Section 413 as follows:
| ||||||
2 | (750 ILCS 5/413) (from Ch. 40, par. 413)
| ||||||
3 | Sec. 413.
Judgment.) (a) A judgment of dissolution
of | ||||||
4 | marriage or of legal separation or of declaration of invalidity | ||||||
5 | of marriage is final
when entered, subject to the right of | ||||||
6 | appeal. An appeal from the judgment
of dissolution of marriage | ||||||
7 | that does not challenge the finding as to grounds
does not | ||||||
8 | delay the finality
of that provision of the judgment which | ||||||
9 | dissolves the marriage, beyond the time for
appealing from that | ||||||
10 | provision, and either of the parties may remarry pending | ||||||
11 | appeal.
An order requiring maintenance or directing payment of | ||||||
12 | money for support or maintenance of a the spouse
or a the minor
| ||||||
13 | child or children entered under this Act or any other law of | ||||||
14 | this State shall not be suspended or the enforcement thereof | ||||||
15 | stayed pending
the filing and resolution of post-judgment | ||||||
16 | motions or an appeal.
| ||||||
17 | (b) The clerk of the court shall give notice of the entry | ||||||
18 | of a judgment of dissolution
of marriage or legal separation or | ||||||
19 | a declaration of invalidity of marriage:
| ||||||
20 | (1) if the marriage is registered in this State, to the | ||||||
21 | county clerk of the county
where the marriage is registered, | ||||||
22 | who shall enter the fact of dissolution
of marriage or legal
| ||||||
23 | separation or declaration of invalidity of marriage in the | ||||||
24 | marriage registry;
and within 45 days after the close
of the | ||||||
25 | month in which the judgment is entered, the
clerk shall forward
|
| |||||||
| |||||||
1 | the certificate to the Department of Public Health on a form | ||||||
2 | furnished by the
Department; or
| ||||||
3 | (2) if the marriage is registered in another jurisdiction, | ||||||
4 | to the
appropriate official of that jurisdiction, with the | ||||||
5 | request that he enter the fact of
dissolution of marriage or | ||||||
6 | legal separation or declaration of invalidity
of marriage in | ||||||
7 | the appropriate record.
| ||||||
8 | (c) Upon request by a wife whose marriage is dissolved or | ||||||
9 | declared
invalid, the court shall order her maiden name or a | ||||||
10 | former name restored.
| ||||||
11 | (d) A judgment of dissolution of marriage or legal | ||||||
12 | separation, if made, shall
be awarded to both of the parties, | ||||||
13 | and shall provide that it affects the
status previously
| ||||||
14 | existing between the parties in the manner adjudged.
| ||||||
15 | (Source: P.A. 84-546.)
|