Bill Text: IL SB2570 | 2009-2010 | 96th General Assembly | Introduced

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

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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-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2570 Introduced 1/13/2010, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1203 from Ch. 110, par. 2-1203
750 ILCS 5/413 from Ch. 40, par. 413
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.
LRB096 14819 AJO 29682 b
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-1203 as follows:
(735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)
Sec. 2-1203. Motions after judgment in non-jury cases.
(a) In all cases tried without a jury, any party may,
within 30 days after the entry of the judgment or within any
further time the court may allow within the 30 days or any
extensions thereof, file a motion for a rehearing, or a
retrial, or modification of the judgment or to vacate the
judgment or for other relief.
(b) Except as provided in subsection (a) of Section 413 of
the Illinois Marriage and Dissolution of Marriage Act, a A
motion filed in apt time stays enforcement of the judgment
except that a judgment granting injunctive or declaratory
relief shall be stayed only by a court order that follows a
separate application that sets forth just cause for staying the
enforcement.
(Source: P.A. 95-902, eff. 1-1-09.)
Section 10. The Illinois Marriage and Dissolution of

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Marriage Act is amended by changing Section 413 as follows:
(750 ILCS 5/413) (from Ch. 40, par. 413)
Sec. 413. Judgment.) (a) A judgment of dissolution of
marriage or of legal separation or of declaration of invalidity
of marriage is final when entered, subject to the right of
appeal. An appeal from the judgment of dissolution of marriage
that does not challenge the finding as to grounds does not
delay the finality of that provision of the judgment which
dissolves the marriage, beyond the time for appealing from that
provision, and either of the parties may remarry pending
appeal. An order directing payment of money for support or
maintenance of the spouse or the minor child or children shall
not be suspended or the enforcement thereof stayed pending the
appeal. An order directing payment of money for support or
maintenance of the spouse or the minor child or children shall
not be suspended or the enforcement thereof stayed following
the entry of a judgment for dissolution of marriage due to the
filing of post-judgment motions, including a motion filed under
Section 2-1203 of the Code of Civil Procedure.
(b) The clerk of the court shall give notice of the entry
of a judgment of dissolution of marriage or legal separation or
a declaration of invalidity of marriage:
(1) if the marriage is registered in this State, to the
county clerk of the county where the marriage is registered,
who shall enter the fact of dissolution of marriage or legal

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separation or declaration of invalidity of marriage in the
marriage registry; and within 45 days after the close of the
month in which the judgment is entered, the clerk shall forward
the certificate to the Department of Public Health on a form
furnished by the Department; or
(2) if the marriage is registered in another jurisdiction,
to the appropriate official of that jurisdiction, with the
request that he enter the fact of dissolution of marriage or
legal separation or declaration of invalidity of marriage in
the appropriate record.
(c) Upon request by a wife whose marriage is dissolved or
declared invalid, the court shall order her maiden name or a
former name restored.
(d) A judgment of dissolution of marriage or legal
separation, if made, shall be awarded to both of the parties,
and shall provide that it affects the status previously
existing between the parties in the manner adjudged.
(Source: P.A. 84-546.)