Wednesday, November 25, 2015

New Law on Illinois Child Support

The changes to the Child Support Laws (becoming effective 1/1/16) include an allowable deduction for student loan debt. This is pretty significant because courts have pretty much told folks to take a hike when they ask for a reduction in their child support because of their heavy student loan debt. Now things are different. The courts have to allow such deductions, unless they are prepared to make some pretty extraordinary findings, and award a lower child support amount. 



Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2


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Wednesday, September 23, 2015

McLean County Illinois Court Records Online

Public Access Search System

Don R. Everhart, Jr., Mclean County Circuit Clerk, is pleased to present this information for public access.

Disclaimers: 
This information pertains only to cases held before the Courts of McLean County, IL. It is provided as a service and is not considered the official court record. The Court and the Circuit Clerk do not provide any warranties ensuring its accuracy. It is the responsibility of the individual to ensure that they meet any requirements as set forth by the courts. In no event shall the Court or the Circuit Clerk be liable for damages of any nature, including any loss of profits, lost savings, or other incidental or consequential damages arising from your use or inability to use this internet service.
 
Because this information is not being drawn from our real time system, recent events may not appear as soon as they occur.
   
TRAFFIC AND CRIMINAL CASES
IMPORTANT: For those performing record (background) checks
when searching Traffic and Criminal cases, please know if the name searched upon changes at the top of the display, it is because the name searched upon has been used as an alias by the person whose name defaults at the top of the display. The system defaults to the individual's primary name. It may therefore be necessary to confirm an identity by writing to or by visiting the Circuit Clerk's office. For information on requesting a record (background) check, click here.

Search by Name, Case Number or Name and Date of Birth 
Full years of Circuit Clerk data are available from 1991 - present. Case searches for years prior to 1991 may be done by pre-paid written request ($6.00 per year, per person) or by visiting on-site and searching manual books in person.
 
CIVIL CASES
Search by Name, Business Name or Case Number
    OPEN cases: Circuit Clerk data is available from 2008 - present.
    CLOSED cases: Circuit Clerk data is available for one (1) year from today's date
.
Should a name and case number appear with a "no information available" message, a written inquiry including the name and case number should be submitted to the Circuit Clerk. 

This information complies with the Illinois Supreme Court Electronic Access Policy for Circuit Court Records.




Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2

Thursday, September 17, 2015

DCFS -- Inadequate Supervision

Many folks ask me how long you can leave your kids in a car alone, or how old do your kids have to be before you leave them alone at home. Well, the answer is not clear, but here is what DCFS uses to determine their position on each case.




Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2

Saturday, July 25, 2015

New Divorce Laws for Bloomington Illinois Divorces

Family law rewrite goes to the governor

By 
Matthew Hector

After years of effort, a major reworking of Illinois family law passes the General Assembly.

A major overhaul of the Illinois Marriage and Dissolution of Marriage Act ("IMDMA"), years in the making, was finally passed by the Illinois General Assembly in May and sent to the governor. If signed into law, SB 57 will eliminate grounds for divorce, shift the focus away from custody and toward allocation of parental responsibilities, and make other important changes in Illinois divorce law. For background about the ongoing effort to pass the law, see, e.g.Janan Hanna's LawPulse item in the April 2014 Journal.

It would amend not only the IMDMA but also the Intergovernmental Missing Child Recovery Act of 1984, the Code of Criminal Procedure, the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), the Illinois Domestic Violence Act, the Probate Act, and other statutes. The governor had not acted on the law at presstime.

Divorce imageGoodbye to grounds

One of SB 57's most significant changes to the IMDMA is the elimination of all grounds for divorce besides irreconcilable differences, according to Chicago family law attorney AndrĂ© Katz, a principal of Katz & Stefani and a member of the Illinois Family Law Study Committee appointed by lawmakers. The bill also redefines the term as the "irretrievable breakdown" of a marriage. SB 57, § 401. When the parties to a divorce action live separate and apart for six months, there is an irrebuttable presumption that the breakdown is irretrievable. Id.

Katz says the changes to the IMDMA replace the two-year waiting period now required when the parties do not agree to a divorce with a six-month wait. And parties who agree to split can immediately proceed with a divorce rather than waiting six months. The main purpose of the change is to "get rid of legal fictions" allowing "the parties and the court to focus on what's most important."

The new law's changes to child custody proceedings represent a groundbreaking move away from the winner-take-all model of child custody, Katz says. The IMDMA now focuses on the allocation of parental responsibility rather than custody.

Those responsibilities are broken out into categories reflecting different needs a child may have. For example, decisions about education, health, religion, and extra curricular activities can be divided between both parents or solely assigned to one parent. SB 57, § 602.5(b). Where one parent is, say, a teacher and the other a doctor, a court might allocate the decision-making responsibility for education to the teacher and for health to the doctor. Ultimately, the statute still requires that allocations be made with the best interest of the child in mind.

Changing parental relocation

SB 57 also makes significant changes to decisions about parental relocation. As the law currently stands, says Katz, a parent with residential custody is free to move anywhere within the state. This can result in a need to modify custody and visitation schedules, especially if the parent moves hundreds of miles downstate from Chicago or vice versa.

Under the new provisions, parents with residential custody residing in Cook, DuPage, Kane, Lake, McHenry, and Will counties may move up to 25 miles from their current residence without leave of court. Parents in other counties may move up to 50 miles from their current residence without leave of court. Katz also notes that parental relocation along and across state borders has been simplified.

A parent with residential custody can move up to 25 miles away even if the new residence is across the state line. Illinois courts retain jurisdiction over the custody case in this situation. The UCCJEA was also amended to reflect this change.

Orders of dissolution within 60 days

Another major change to the IMDMA is the timeframe for the entry of an order of dissolution. Under the current law, cases can remain open long after the proofs are closed. The amendments require that the judge enter an order of dissolution within 60 days of the closing of proofs. The court may extend this period by 30 days.

Maintenance and property division

The process for allocating marital property and awarding maintenance would also change. Under the amendments, courts must provide reasons for the allocations they make. Katz sees two major benefits to this change. First, people are more likely to comply with a court's order when they understand why the allocations were made. Second, it allows the appellate court to know the trial court's rationale and better evaluate the record on appeal.

SB 57 also allows for setting fixed periods where maintenance cannot be changed via a court order. This is only allowed for marriages that have lasted for 10 years or less. Under current law, all maintenance orders are subject to review and alteration if a party files a motion. The amendments give courts the ability to look at the entirety of the case and determine whether maintenance should be fixed or reviewable.

'No' to heart balm

The bill also eliminates "heart balm" actions such as alienation of affection, breach of promise to marry, and "criminal conversation" (read "adultery"). The General Assembly's findings note that heart balm actions are inconsistent with the goals of the IMDMA. SB 57, § 1-1. The findings also state that society has moved on; heart balm actions are the product of antiquated notions of men's and women's roles and relationships. Id.

Katz says that most heart balm actions are used to harass people, causing more acrimony in the divorce process. He also points out that, at least with regard to a claim for breach of promise to marry, couples need to be smarter about planning weddings. Katz suggests that couples have contracts with each other, similar to a prenuptial agreement.




Best Regards, 

Jon D. McLaughlin
Bloomington Law Group LLC
Flanagan State Bank Building
2401 East Washington Street
Bloomington Illinois 61704
Skype: jmclaug2


Wednesday, July 22, 2015

New Illinois Laws Affecting Divorce and Family Law Issues (Just Signed into Law)

 


 
Public Act 099-0090
 
SB0057 EnrolledLRB099 05449 HEP 25484 b

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

 
    Section 1-1. Findings. The majority of states have
abolished heart balm actions. In Illinois, heart balm actions
for alienation of affections, breach of promise to marry, and
criminal conversation were permitted under the common law
before the abolition of those causes of action by "An Act in
relation to certain causes of action conducive to extortion and
blackmail, and to declare illegal, contracts and Acts made and
done in pursuance thereof", filed May 4, 1935, Laws 1935, p.
716. The Illinois Supreme Court held, in Heck v. Schupp, 394
Ill. 296 (1946), that the 1935 Act was unconstitutional and
that the abolition of heart balm actions would infringe upon
the rights of parties to remedies under Section 19 of Article
II of the 1870 Constitution. (Section 12 of Article I of the
1970 Constitution is similar to the relevant portion of Section
19 of Article II of the 1870 Constitution.) Since 1947, heart
balm actions have been permitted with limited damages under the
Alienation of Affections Act, the Breach of Promise Act, and
the Criminal Conversation Act.
    Society has since recognized that the amicable settlement
of domestic relations disputes is beneficial. In 1977, the
Illinois Marriage and Dissolution of Marriage Act became the
law of this State. As stated in Section 102 of that Act, among
its underlying purposes are: promoting the amicable settlement
of disputes that have arisen between parties to a marriage;
mitigating the potential harm to the spouses and their children
caused by the process of legal dissolution of marriage; and
eliminating the consideration of marital misconduct in the
adjudication of rights and duties incident to the legal
dissolution of marriage, legal separation and declaration of
invalidity of marriage. Heart balm actions are inconsistent
with these purposes.
    Society has also realized that women and men should have
equal rights under the law. Heart balm actions are rooted in
the now-discredited notion that men and women are unequal.
    Although the Alienation of Affections Act, the Breach of
Promise Act, and the Criminal Conversation Act represent
attempts to ameliorate some of the more odious consequences of
heart balm actions, the General Assembly finds that actions for
alienation of affections, breach of promise to marry, and
criminal conversation are contrary to the public policy of this
State and those causes of action should be abolished. 
 
    Section 1-5. The Code of Civil Procedure is amended by
changing Section 13-202 as follows:
 
    (735 ILCS 5/13-202)  (from Ch. 110, par. 13-202)
    Sec. 13-202. Personal injury - Penalty. Actions for damages
for an injury to the person, or for false imprisonment, or
malicious prosecution, or for a statutory penalty, or for
abduction, or for seduction, or for criminal conversation that
may proceed pursuant to subsection (a) of Section 7.1 of the
Criminal Conversation Abolition Act, except damages resulting
from first degree murder or the commission of a Class X felony
and the perpetrator thereof is convicted of such crime, shall
be commenced within 2 years next after the cause of action
accrued but such an action against a defendant arising from a
crime committed by the defendant in whose name an escrow
account was established under the "Criminal Victims' Escrow
Account Act" shall be commenced within 2 years after the
establishment of such account. If the compelling of a
confession or information by imminent bodily harm or threat of
imminent bodily harm results in whole or in part in a criminal
prosecution of the plaintiff, the 2-year period set out in this
Section shall be tolled during the time in which the plaintiff
is incarcerated, or until criminal prosecution has been finally
adjudicated in favor of the above referred plaintiff, whichever
is later. However, this provision relating to the compelling of
a confession or information shall not apply to units of local
government subject to the Local Governmental and Governmental
Employees Tort Immunity Act.
(Source: P.A. 94-1113, eff. 1-1-08.) 
 
    Section 1-10. The Alienation of Affections Act is amended
by changing the title of the Act and Section 0.01 and by adding
Section 7.1 as follows:
 
    (740 ILCS 5/Act title)
An Act relating to the damages recoverable in actions for
alienation of affections.
 
    (740 ILCS 5/0.01)  (from Ch. 40, par. 1900)
    Sec. 0.01. Short title. This Act may be cited as the
Alienation of Affections Abolition Act.
(Source: P.A. 86-1324.) 
 
    (740 ILCS 5/7.1 new)
    Sec. 7.1. Abolition; effect of repeal.
    (a) This amendatory Act of the 99th General Assembly does
not apply to any cause of action that accrued under Sections 1
through 7 of this Act before their repeal, and a timely action
brought under those Sections shall be decided in accordance
with those Sections as they existed when the cause of action
accrued.
    (b) An action may not be brought for alienation of
affections based on facts occurring on or after the effective
date of this amendatory Act of the 99th General Assembly. 
 
    (740 ILCS 5/1 rep.)
    (740 ILCS 5/2 rep.)
    (740 ILCS 5/3 rep.)
    (740 ILCS 5/4 rep.)
    (740 ILCS 5/5 rep.)
    (740 ILCS 5/6 rep.)
    (740 ILCS 5/7 rep.)
    Section 1-15. The Alienation of Affections Act is amended
by repealing Sections 1, 2, 3, 4, 5, 6, and 7.
 
    Section 1-20. The Breach of Promise Act is amended by
changing Section 0.01 and by adding Section 10.1 as follows:
 
    (740 ILCS 15/0.01)  (from Ch. 40, par. 1800)
    Sec. 0.01. Short title. This Act may be cited as the Breach
of Promise Abolition Act.
(Source: P.A. 86-1324.) 
 
    (740 ILCS 15/10.1 new)
    Sec. 10.1. Abolition; effect of repeal.
    (a) This amendatory Act of the 99th General Assembly does
not apply to any cause of action that accrued under Sections 1
through 10 of this Act before their repeal, and a timely action
brought under those Sections shall be decided in accordance
with those Sections as they existed when the cause of action
accrued.
    (b) An action may not be brought for breach of promise or
agreement to marry based on facts occurring on or after the
effective date of this amendatory Act of the 99th General
Assembly. 
 
    (740 ILCS 15/1 rep.)
    (740 ILCS 15/2 rep.)
    (740 ILCS 15/3 rep.)
    (740 ILCS 15/4 rep.)
    (740 ILCS 15/5 rep.)
    (740 ILCS 15/6 rep.)
    (740 ILCS 15/7 rep.)
    (740 ILCS 15/8 rep.)
    (740 ILCS 15/9 rep.)
    (740 ILCS 15/10 rep.)
    Section 1-25. The Breach of Promise Act is amended by
repealing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
 
    Section 1-30. The Criminal Conversation Act is amended by
changing the title of the Act and Section 0.01 and by adding
Section 7.1 as follows:
 
    (740 ILCS 50/Act title)
An Act relating to the damages recoverable in actions for
criminal conversation.
 
    (740 ILCS 50/0.01)  (from Ch. 40, par. 1950)
    Sec. 0.01. Short title. This Act may be cited as the
Criminal Conversation Abolition Act.
(Source: P.A. 86-1324.) 
 
    (740 ILCS 50/7.1 new)
    Sec. 7.1. Abolition; effect of repeal.
    (a) This amendatory Act of the 99th General Assembly does
not apply to any cause of action that accrued under Sections 1
through 7 of this Act before their repeal, and a timely action
brought under those Sections shall be decided in accordance
with those Sections as they existed when the cause of action
accrued.
    (b) An action may not be brought for criminal conversation
based on facts occurring on or after the effective date of this
amendatory Act of the 99th General Assembly. 
 
    (740 ILCS 50/1 rep.)
    (740 ILCS 50/2 rep.)
    (740 ILCS 50/3 rep.)
    (740 ILCS 50/4 rep.)
    (740 ILCS 50/5 rep.)
    (740 ILCS 50/6 rep.)
    (740 ILCS 50/7 rep.)
    Section 1-35. The Criminal Conversation Act is amended by
repealing Sections 1, 2, 3, 4, 5, 6, and 7. 
 
ARTICLE 5. OTHER AMENDATORY PROVISIONS

 
    Section 5-5. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by changing Section 7.1 as follows:
 
    (325 ILCS 40/7.1)  (from Ch. 23, par. 2257.1)
    Sec. 7.1. In addition to any requirement of Section 601.2
601 or 611 of the Illinois Marriage and Dissolution of Marriage
Act or applicable provisions of the Uniform Child-Custody
Jurisdiction and Enforcement Act regarding a parental
responsibility allocation custody proceeding of an
out-of-state party, every court in this State, prior to
granting or modifying a parental responsibility allocation
custody judgment, shall inquire with LEADS and the National
Crime Information Center to ascertain whether the child or
children in question have been reported missing or have been
involved in or are the victims of a parental or noncustodial
abduction. Such inquiry may be conducted with any law
enforcement agency in this State that maintains a LEADS
terminal or has immediate access to one on a 24-hour-per-day,
7-day-per-week basis through a written agreement with another
law enforcement agency.
(Source: P.A. 93-108, eff. 1-1-04.) 
 
    Section 5-10. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-23 as follows:
 
    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
    Sec. 112A-23. Enforcement of orders of protection.
    (a) When violation is crime. A violation of any order of
protection, whether issued in a civil, quasi-criminal
proceeding, shall be enforced by a criminal court when:
        (1) The respondent commits the crime of violation of an
    order of protection pursuant to Section 12-3.4 or 12-30 of
    the Criminal Code of 1961 or the Criminal Code of 2012, by
    having knowingly violated:
            (i) remedies described in paragraphs (1), (2),
        (3), (14), or (14.5) of subsection (b) of Section
        112A-14,
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14) or (14.5) of subsection (b) of Section 214 of
        the Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory,
            (iii) or any other remedy when the act constitutes
        a crime against the protected parties as defined by the
        Criminal Code of 1961 or the Criminal Code of 2012.
        Prosecution for a violation of an order of protection
    shall not bar concurrent prosecution for any other crime,
    including any crime that may have been committed at the
    time of the violation of the order of protection; or
        (2) The respondent commits the crime of child abduction
    pursuant to Section 10-5 of the Criminal Code of 1961 or
    the Criminal Code of 2012, by having knowingly violated:
            (i) remedies described in paragraphs (5), (6) or
        (8) of subsection (b) of Section 112A-14, or
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (5),
        (6), or (8) of subsection (b) of Section 214 of the
        Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory.
    (b) When violation is contempt of court. A violation of any
valid order of protection, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the order of protection were committed, to the extent
consistent with the venue provisions of this Article. Nothing
in this Article shall preclude any Illinois court from
enforcing any valid order of protection issued in another
state. Illinois courts may enforce orders of protection through
both criminal prosecution and contempt proceedings, unless the
action which is second in time is barred by collateral estoppel
or the constitutional prohibition against double jeopardy.
        (1) In a contempt proceeding where the petition for a
    rule to show cause sets forth facts evidencing an immediate
    danger that the respondent will flee the jurisdiction,
    conceal a child, or inflict physical abuse on the
    petitioner or minor children or on dependent adults in
    petitioner's care, the court may order the attachment of
    the respondent without prior service of the rule to show
    cause or the petition for a rule to show cause. Bond shall
    be set unless specifically denied in writing.
        (2) A petition for a rule to show cause for violation
    of an order of protection shall be treated as an expedited
    proceeding.
    (c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraphs (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 may be enforced by any remedy provided by
Section 607.5 611 of the Illinois Marriage and Dissolution of
Marriage Act. The court may enforce any order for support
issued under paragraph (12) of subsection (b) of Section
112A-14 in the manner provided for under Parts V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
    (d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after respondent has actual knowledge of its contents
as shown through one of the following means:
        (1) By service, delivery, or notice under Section
    112A-10.
        (2) By notice under Section 112A-11.
        (3) By service of an order of protection under Section
    112A-22.
        (4) By other means demonstrating actual knowledge of
    the contents of the order.
    (e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
        (1) The existence of a separate, correlative order
    entered under Section 112A-15.
        (2) Any finding or order entered in a conjoined
    criminal proceeding.
    (f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
    (g) Penalties.
        (1) Except as provided in paragraph (3) of this
    subsection, where the court finds the commission of a crime
    or contempt of court under subsections (a) or (b) of this
    Section, the penalty shall be the penalty that generally
    applies in such criminal or contempt proceedings, and may
    include one or more of the following: incarceration,
    payment of restitution, a fine, payment of attorneys' fees
    and costs, or community service.
        (2) The court shall hear and take into account evidence
    of any factors in aggravation or mitigation before deciding
    an appropriate penalty under paragraph (1) of this
    subsection.
        (3) To the extent permitted by law, the court is
    encouraged to:
            (i) increase the penalty for the knowing violation
        of any order of protection over any penalty previously
        imposed by any court for respondent's violation of any
        order of protection or penal statute involving
        petitioner as victim and respondent as defendant;
            (ii) impose a minimum penalty of 24 hours
        imprisonment for respondent's first violation of any
        order of protection; and
            (iii) impose a minimum penalty of 48 hours
        imprisonment for respondent's second or subsequent
        violation of an order of protection
    unless the court explicitly finds that an increased penalty
    or that period of imprisonment would be manifestly unjust.
        (4) In addition to any other penalties imposed for a
    violation of an order of protection, a criminal court may
    consider evidence of any violations of an order of
    protection:
            (i) to increase, revoke or modify the bail bond on
        an underlying criminal charge pursuant to Section
        110-6;
            (ii) to revoke or modify an order of probation,
        conditional discharge or supervision, pursuant to
        Section 5-6-4 of the Unified Code of Corrections;
            (iii) to revoke or modify a sentence of periodic
        imprisonment, pursuant to Section 5-7-2 of the Unified
        Code of Corrections.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) 
 
    Section 5-15. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 102, 104, 105,
107, 209, 219, 304, 401, 402, 403, 404, 405, 409, 411, 413,
452, 453, 501, 501.1, 502, 503, 504, 505, 505.1, 506, 508, 509,
510, 512, 513, 602.3, 801 and the heading of Part VI and by
adding Sections 513.5, 600, 601.2, 602.5, 602.7, 602.8, 602.9,
602.10, 602.11, 603.5, 603.10, 604.10, 606.5, 606.10, 607.5,
609.2, and 610.5 as follows:
 
    (750 ILCS 5/102)  (from Ch. 40, par. 102)
    Sec. 102. Purposes; Rules of Construction. This Act shall
be liberally construed and applied to promote its underlying
purposes, which are to:
    (1) provide adequate procedures for the solemnization and
registration of marriage;
    (2) strengthen and preserve the integrity of marriage and
safeguard family relationships;
    (3) promote the amicable settlement of disputes that have
arisen between parties to a marriage;
    (4) mitigate the potential harm to the spouses and their
children caused by the process of an action brought under this
Act, and protect children from exposure to conflict and
violence legal dissolution of marriage;
    (5) ensure predictable decision-making for the care of
children and for the allocation of parenting time and other
parental responsibilities, and avoid prolonged uncertainty by
expeditiously resolving issues involving children;
    (6) recognize the right of children to a healthy
relationship with parents, and the responsibility of parents to
ensure such a relationship;
    (7) acknowledge that the determination of children's best
interests, and the allocation of parenting time and significant
decision-making responsibilities, are among the paramount
responsibilities of our system of justice, and to that end:
        (A) recognize children's right to a strong and healthy
    relationship with parents, and parents' concomitant right
    and responsibility to create and maintain such
    relationships;
        (B) recognize that, in the absence of domestic violence
    or any other factor that the court expressly finds to be
    relevant, proximity to, and frequent contact with, both
    parents promotes healthy development of children;
        (C) facilitate parental planning and agreement about
    the children's upbringing and allocation of parenting time
    and other parental responsibilities;
        (D) continue existing parent-child relationships, and
    secure the maximum involvement and cooperation of parents
    regarding the physical, mental, moral, and emotional
    well-being of the children during and after the litigation;
    and
        (E) promote or order parents to participate in programs
    designed to educate parents to:
            (i) minimize or eliminate rancor and the
        detrimental effect of litigation in any proceeding
        involving children; and
            (ii) facilitate the maximum cooperation of parents
        in raising their children;
    (8) (5) make reasonable provision for support spouses and
minor children during and after an underlying dissolution of
marriage, legal separation, parentage, or parental
responsibility allocation action litigation, including
provision for timely advances awards of interim fees and costs
to all attorneys, experts, and opinion witnesses including
guardians ad litem and children's representatives, to achieve
substantial parity in parties' access to funds for pre-judgment
litigation costs in an action for dissolution of marriage or
legal separation;
    (9) (6) eliminate the consideration of marital misconduct
in the adjudication of rights and duties incident to the legal
dissolution of marriage, legal separation and declaration of
invalidity of marriage; and
    (7) secure the maximum involvement and cooperation of both
parents regarding the physical, mental, moral and emotional
well-being of the children during and after the litigation; and
    (10) (8) make provision for the preservation and
conservation of marital assets during the litigation.
(Source: P.A. 89-712, eff. 6-1-97.) 
 
    (750 ILCS 5/104)  (from Ch. 40, par. 104)
    Sec. 104. Venue.) The proceedings shall be had in the
county where the plaintiff or defendant resides, except as
otherwise provided herein, but process may be directed to any
county in the State. Objection to venue is barred if not made
within such time as the defendant's response is due. In no
event shall venue be deemed jurisdictional.
    In any case brought pursuant to this Act where neither the
petitioner nor respondent resides in the county in which the
initial pleading is filed, the petitioner shall file with the
initial pleading a written motion, which shall be set for
hearing and ruled upon before any other issue is taken up,
advising that the forum selected is not one of proper venue and
seeking an appropriate order from the court allowing a waiver
of the venue requirements of this Section.
(Source: P.A. 82-716.) 
 
    (750 ILCS 5/105)  (from Ch. 40, par. 105)
    Sec. 105. Application of Civil Practice Law.)
    (a) The provisions of the Civil Practice Law shall apply to
all proceedings under this Act, except as otherwise provided in
this Act.
    (b) A proceeding for dissolution of marriage, legal
separation or declaration of invalidity of marriage shall be
entitled "In re the Marriage of ... and ...". A parental
responsibility allocation custody or support proceeding shall
be entitled "In re the (Parental Responsibility Custody)
(Support) of ...".
    (c) The initial pleading in all proceedings under this Act
shall be denominated a petition. A responsive pleading shall be
denominated a response. If new matter by way of defense is
pleaded in the response, a reply may be filed by the
petitioner, but the failure to reply is not an admission of the
legal sufficiency of the new matter. All other pleadings under
this Act shall be denominated as provided in the Civil Practice
Law.
    (d) As used in this Section, "pleadings" includes any
petition or motion filed in the dissolution of marriage case
which, if independently filed, would constitute a separate
cause of action, including, but not limited to, actions for
declaratory judgment, injunctive relief, and orders of
protection. Actions under this subsection are subject to
motions filed pursuant to Sections 2-615 and 2-619 of the Code
of Civil Procedure.
(Source: P.A. 82-783.) 
 
    (750 ILCS 5/107)  (from Ch. 40, par. 107)
    Sec. 107. Order of protection; status. Whenever relief is
sought under Part V, Part VI or Part VII of this Act, the court
shall inquire and parties shall advise the court, before
granting relief, shall determine whether any order of
protection has previously been entered in the instant
proceeding or any other proceeding in which any party, or a
child of any party, or both, if relevant, has been designated
as either a petitioner, respondent, or a protected person.
(Source: P.A. 87-743.) 
 
    (750 ILCS 5/209)  (from Ch. 40, par. 209)
    Sec. 209. Solemnization and Registration.)
    (a) A marriage may be solemnized by a judge of a court of
record, by a retired judge of a court of record, unless the
retired judge was removed from office by the Judicial Inquiry
Board, except that a retired judge shall not receive any
compensation from the State, a county or any unit of local
government in return for the solemnization of a marriage and
there shall be no effect upon any pension benefits conferred by
the Judges Retirement System of Illinois, by a judge of the
Court of Claims, by a county clerk in counties having 2,000,000
or more inhabitants, by a public official whose powers include
solemnization of marriages, or in accordance with the
prescriptions of any religious denomination, Indian Nation or
Tribe or Native Group, provided that when such prescriptions
require an officiant, the officiant be in good standing with
his or her religious denomination, Indian Nation or Tribe or
Native Group. Either the person solemnizing the marriage, or,
if no individual acting alone solemnized the marriage, both
parties to the marriage, shall complete the marriage
certificate form and forward it to the county clerk within 10
days after such marriage is solemnized.
    (a-5) Nothing in this Act shall be construed to require any
religious denomination or Indian Nation or Tribe or Native
Group, or any minister, clergy, or officiant acting as a
representative of a religious denomination or Indian Nation or
Tribe or Native Group, to solemnize any marriage. Instead, any
religious denomination or Indian Nation or Tribe or Native
Group, or any minister, clergy, or officiant acting as a
representative of a religious denomination or Indian Nation or
Tribe or Native Group is free to choose which marriages it will
solemnize. Notwithstanding any other law to the contrary, a
refusal by a religious denomination or Indian Nation or Tribe
or Native Group, or any minister, clergy, or officiant acting
as a representative of a religious denomination or Indian
Nation or Tribe or Native Group to solemnize any marriage under
this Act shall not create or be the basis for any civil,
administrative, or criminal penalty, claim, or cause of action.
    (a-10) No church, mosque, synagogue, temple,
nondenominational ministry, interdenominational or ecumenical
organization, mission organization, or other organization
whose principal purpose is the study, practice, or advancement
of religion is required to provide religious facilities for the
solemnization ceremony or celebration associated with the
solemnization ceremony of a marriage if the solemnization
ceremony or celebration associated with the solemnization
ceremony is in violation of its religious beliefs. An entity
identified in this subsection (a-10) shall be immune from any
civil, administrative, criminal penalty, claim, or cause of
action based on its refusal to provide religious facilities for
the solemnization ceremony or celebration associated with the
solemnization ceremony of a marriage if the solemnization
ceremony or celebration associated with the solemnization
ceremony is in violation of its religious beliefs. As used in
this subsection (a-10), "religious facilities" means
sanctuaries, parish halls, fellowship halls, and similar
facilities. "Religious facilities" does not include facilities
such as businesses, health care facilities, educational
facilities, or social service agencies.
    (b) The solemnization of the marriage is not invalidated:
(1) by the fact that the person solemnizing the marriage was
not legally qualified to solemnize it, if a reasonable person
would believe the person solemnizing the marriage to be so
qualified; if either party to the marriage believed him or her
to be so qualified or (2) by the fact that the marriage was
inadvertently solemnized in a county in Illinois other than the
county where the license was issued and filed.
    (c) Any marriage that meets the requirements of this
Section shall be presumed valid.
(Source: P.A. 98-597, eff. 6-1-14.) 
 
    (750 ILCS 5/219)  (from Ch. 40, par. 219)
    Sec. 219. Offenses.) Any official issuing a license with
knowledge that the parties are thus prohibited from marrying
intermarrying and any person authorized to solemnize celebrate
marriage who shall knowingly solemnize celebrate such a
marriage shall be guilty of a Class C misdemeanor petty
offense.
(Source: P.A. 80-923.) 
 
    (750 ILCS 5/304)  (from Ch. 40, par. 304)
    Sec. 304. Retroactivity.) Unless the court finds, after a
consideration of all relevant circumstances, including the
effect of a retroactive judgment on third parties, that the
interests of justice would be served by making the judgment not
retroactive, it shall declare the marriage invalid as of the
date of the marriage. The provisions of this Act relating to
property rights of the spouses, maintenance, support and
custody of children, and allocation of parental
responsibilities on dissolution of marriage are applicable to
non-retroactive judgments of invalidity of marriage only.
(Source: P.A. 80-923.) 
 
    (750 ILCS 5/401)  (from Ch. 40, par. 401)
    Sec. 401. Dissolution of marriage.
    (a) The court shall enter a judgment of dissolution of
marriage when if at the time the action was commenced one of
the spouses was a resident of this State or was stationed in
this State while a member of the armed services, and the
residence or military presence had been maintained for 90 days
next preceding the commencement of the action or the making of
the finding:
    Irreconcilable differences have caused the irretrievable
breakdown of the marriage and the court determines that efforts
at reconciliation have failed or that future attempts at
reconciliation would be impracticable and not in the best
interests of the family.
    (a-5) If the parties live separate and apart for a
continuous period of not less than 6 months immediately
preceding the entry of the judgment dissolving the marriage,
there is an irrebuttable presumption that the requirement of
irreconcilable differences has been met. ; provided, however,
that a finding of residence of a party in any judgment entered
under this Act from January 1, 1982 through June 30, 1982 shall
satisfy the former domicile requirements of this Act; and if
one of the following grounds for dissolution has been proved:
        (1) That, without cause or provocation by the
    petitioner: the respondent was at the time of such
    marriage, and continues to be naturally impotent; the
    respondent had a wife or husband living at the time of the
    marriage; the respondent had committed adultery subsequent
    to the marriage; the respondent has wilfully deserted or
    absented himself or herself from the petitioner for the
    space of one year, including any period during which
    litigation may have pended between the spouses for
    dissolution of marriage or legal separation; the
    respondent has been guilty of habitual drunkenness for the
    space of 2 years; the respondent has been guilty of gross
    and confirmed habits caused by the excessive use of
    addictive drugs for the space of 2 years, or has attempted
    the life of the other by poison or other means showing
    malice, or has been guilty of extreme and repeated physical
    or mental cruelty, or has been convicted of a felony or
    other infamous crime; or the respondent has infected the
    other with a sexually transmitted disease. "Excessive use
    of addictive drugs", as used in this Section, refers to use
    of an addictive drug by a person when using the drug
    becomes a controlling or a dominant purpose of his life; or
        (2) That the spouses have lived separate and apart for
    a continuous period in excess of 2 years and irreconcilable
    differences have caused the irretrievable breakdown of the
    marriage and the court determines that efforts at
    reconciliation have failed or that future attempts at
    reconciliation would be impracticable and not in the best
    interests of the family. If the spouses have lived separate
    and apart for a continuous period of not less than 6 months
    next preceding the entry of the judgment dissolving the
    marriage, as evidenced by testimony or affidavits of the
    spouses, the requirement of living separate and apart for a
    continuous period in excess of 2 years may be waived upon
    written stipulation of both spouses filed with the court.
    At any time after the parties cease to cohabit, the
    following periods shall be included in the period of
    separation:
            (A) any period of cohabitation during which the
        parties attempted in good faith to reconcile and
        participated in marriage counseling under the guidance
        of any of the following: a psychiatrist, a clinical
        psychologist, a clinical social worker, a marriage and
        family therapist, a person authorized to provide
        counseling in accordance with the prescriptions of any
        religious denomination, or a person regularly engaged
        in providing family or marriage counseling; and
            (B) any period of cohabitation under written
        agreement of the parties to attempt to reconcile.
    In computing the period during which the spouses have lived
separate and apart for purposes of this Section, periods during
which the spouses were living separate and apart prior to July
1, 1984 are included.
    (b) Judgment shall not be entered unless, to the extent it
has jurisdiction to do so, the court has considered, approved,
reserved or made provision for the allocation of parental
responsibilities child custody, the support of any child of the
marriage entitled to support, the maintenance of either spouse
and the disposition of property. The court shall may enter a
judgment for dissolution that reserves any of these issues
either upon (i) agreement of the parties, or (ii) motion of
either party and a finding by the court that appropriate
circumstances exist.
    The death of a party subsequent to entry of a judgment for
dissolution but before judgment on reserved issues shall not
abate the proceedings.
    If any provision of this Section or its application shall
be adjudged unconstitutional or invalid for any reason by any
court of competent jurisdiction, that judgment shall not
impair, affect or invalidate any other provision or application
of this Section, which shall remain in full force and effect.
(Source: P.A. 89-187, eff. 7-19-95.) 
 
    (750 ILCS 5/402)  (from Ch. 40, par. 402)
    Sec. 402. Legal Separation.)
    (a) Any person living separate and apart from his or her
spouse without fault may have a remedy for reasonable support
and maintenance while they so live apart.
    (b) Such action shall be brought in the circuit court of
the county in which the petitioner or respondent resides or in
which the parties last resided together as husband and wife. In
the event the respondent cannot be found within the State, the
action may be brought in the circuit court of the county in
which the petitioner resides. Commencement of the action,
temporary relief and trials shall be the same as in actions for
dissolution of marriage, except that temporary relief in an
action for legal separation shall be limited to the relief set
forth in subdivision (a)(1) and items (ii), (iii), and (iv) of
subdivision (a)(2) of Section 501. If the court deems it
appropriate to enter a judgment for legal separation, the court
shall consider the applicable factors in Section 504 in
awarding maintenance. If the court deems it appropriate to
enter a judgment for legal separation, the court may approve a
property settlement agreement that the parties have requested
the court to incorporate into the judgment, subject to the
following provisions: .
        (1) the court may not value or allocate property in the
    absence of such an agreement;
        (2) the court may disapprove such an agreement only if
    it finds that the agreement is unconscionable; and
        (3) such an agreement is final and non-modifiable.
    (c) A proceeding or judgment for legal separation shall not
bar either party from instituting an action for dissolution of
marriage, and if the party so moving has met the requirements
of Section 401, a judgment for dissolution shall be granted.
Absent an agreement set forth in a separation agreement that
provides for non-modifiable permanent maintenance, if a party
to a judgment for legal separation files an action for
dissolution of marriage, the issues of temporary and permanent
maintenance shall be decided de novo.
(Source: P.A. 82-716.) 
 
    (750 ILCS 5/403)  (from Ch. 40, par. 403)
    Sec. 403. Pleadings - Commencement - Abolition of Existing
Defenses - Procedure.)
    (a) The complaint or petition for dissolution of marriage
or legal separation shall be verified and shall minimally set
forth:
        (1) the age, occupation and residence of each party and
    his length of residence in this State;
        (2) the date of the marriage and the place at which it
    was registered;
        (2.5) whether a petition for dissolution of marriage is
    pending in any other county or state;
        (3) that the jurisdictional requirements of subsection
    (a) of Section 401 have been met and that irreconcilable
    differences have caused the irretrievable breakdown of the
    marriage; and that there exist grounds for dissolution of
    marriage or legal separation. The petitioner need only
    allege the name of the particular grounds relied upon,
    which shall constitute a legally sufficient allegation of
    the grounds; and the respondent shall be entitled to demand
    a bill of particulars prior to trial setting forth the
    facts constituting the grounds, if he so chooses. The
    petition must also contain:
        (4) the names, ages and addresses of all living
    children of the marriage and whether a spouse the wife is
    pregnant;
        (5) any arrangements as to support, allocation of
    parental responsibility custody and visitation of the
    children and maintenance of a spouse; and
        (6) the relief sought.
    (b) Either or both parties to the marriage may initiate the
proceeding.
    (c) (Blank). The previously existing defense of
recrimination is abolished. The defense of condonation is
abolished only as to condonations occurring after a proceeding
is filed under this Act and after the court has acquired
jurisdiction over the respondent.
    (d) The court may join additional parties necessary and
proper for the exercise of its authority under this Act.
    (e) Contested trials shall be on a bifurcated basis with
the issue of whether irreconcilable differences have caused the
irretrievable breakdown of the marriage, as described in
Section 401, grounds being tried first, regardless of whether
that issue is contested or uncontested. Upon the court
determining that irreconcilable differences have caused the
irretrievable breakdown of the marriage the grounds exist, the
court may allow additional time for the parties to settle
amicably the remaining issues before resuming the trial, or may
proceed immediately to trial on the remaining issues. The court
has the discretion to use the date of the trial or such other
date as agreed upon by the parties, or ordered by the court
within its discretion, for purposes of determining the value of
assets or property. In cases where the requirements of Section
401 the grounds are uncontested and proved as in cases of
default, the trial on all other remaining issues shall proceed
immediately, if so ordered by the court or if the parties so
stipulate, issue on the pleadings notwithstandingExcept as
provided in subsection (b) of Section 401, the court shall
enter a judgment of dissolution of marriage, including an order
dissolving the marriage, incorporation of a marital settlement
agreement if applicable, and any other appropriate findings or
orders, only at the conclusion of the case and not after
hearing only the testimony as to whether irreconcilable
differences have caused the irretrievable breakdown of the
marriage.
    (f) (Blank). Even if no bill of particulars shall have been
filed demanding the specification of the particular facts
underlying the allegation of the grounds, the court shall
nonetheless require proper and sufficient proof of the
existence of the grounds.
(Source: P.A. 90-174, eff. 10-1-97.) 
 
    (750 ILCS 5/404)  (from Ch. 40, par. 404)
    Sec. 404. Conciliation; mediation.
    (a) If the court concludes that there is a prospect of
reconciliation, the court, at the request of either party, or
on its own motion, may order a conciliation conference. The
conciliation conference and counseling shall take place at the
established court conciliation service of that judicial
district or at any similar service or facility where no court
conciliation service has been established.
    (b) The facts adduced at any conciliation conference
resulting from a referral hereunder, shall not be considered in
the adjudication of a pending or subsequent action, nor shall
any report resulting from such conference become part of the
record of the case unless the parties have stipulated in
writing to the contrary.
    The court, upon good cause shown, may prohibit
conciliation, mediation or other process that requires the
parties to meet and confer without counsel.
(Source: P.A. 87-1255.) 
 
    (750 ILCS 5/405)  (from Ch. 40, par. 405)
    Sec. 405. Hearing on Default - Notice.) If the respondent
is in default, the court shall proceed to hear the cause upon
testimony of petitioner taken in open court, and in no case of
default shall the court grant a dissolution of marriage or
legal separation or declaration of invalidity of marriage,
unless the judge is satisfied that all proper means have been
taken to notify the respondent of the pendency of the suit.
Whenever the judge is satisfied that the interests of the
respondent require it, the court may order such additional
notice as may be required. All of the provisions of the Code of
Civil Procedure relating to default hearings are applicable to
hearings on default.
(Source: P.A. 80-923.) 
 
    (750 ILCS 5/409)  (from Ch. 40, par. 409)
    Sec. 409. Proof of Foreign Marriage.) A marriage which may
have been solemnized celebrated or had in any foreign state or
country, may be proved by the acknowledgment of the parties,
their cohabitation, and other evidence. Certified copies of
records of a marriage performed in any foreign state or country
obtained from an authorized state governmental unit, embassy,
or consulate may be admitted as an exception to the hearsay
rule circumstantial testimony.
(Source: P.A. 80-923.) 
 
    (750 ILCS 5/411)  (from Ch. 40, par. 411)
    Sec. 411. Commencement of Action.)
    (a) Actions for dissolution of marriage or legal separation
shall be commenced as in other civil cases or, at the option of
petitioner, by filing a praecipe for summons with the clerk of
the court and paying the regular filing fees, in which latter
case, a petition shall be filed within 6 months thereafter, or
any extension for good cause shown granted by the court.
    (b) When a praecipe for summons is filed without the
petition, the summons shall recite that petitioner has
commenced suit for dissolution of marriage or legal separation
and shall require the respondent to file his or her appearance
not later than 30 days from the day the summons is served and
to plead to the petitioner's petition within 30 days from the
day the petition is filed.
    Until a petition has been filed, the court, pursuant to
subsections (c) and (d) herein, may dismiss the suit, order the
filing of a petition, or grant leave to the respondent to file
a petition in the nature of a counter petition.
    After the filing of the petition, the party filing the same
shall, within 2 days, serve a copy thereof upon the other
party, in the manner provided by rule of the Supreme Court for
service of notices in other civil cases.
    (c) Unless a respondent voluntarily files an appearance, a
praecipe for summons filed without the petition shall be served
on the respondent not later than 30 days after its issuance,
and upon failure to obtain service upon the respondent within
the 30 day period, or any extension for good cause shown
granted by the court, the court shall dismiss the suit.
    (d) An action for dissolution of marriage or legal
separation commenced by the filing a praecipe for summons
without the petition may shall be dismissed if unless a
petition for dissolution of marriage or legal separation has
not been filed within 6 months after the commencement of the
action or within the extension granted under subsection (a) of
this Section.
    (e) The filing of a praecipe for summons under this Section
constitutes the commencement of an action that serves as
grounds for involuntary dismissal under subdivision (a)(3) of
Section 2-619 of the Code of Civil Procedure of a subsequently
filed petition for dissolution of marriage or legal separation
in another county.
(Source: P.A. 86-630.) 
 
    (750 ILCS 5/413)  (from Ch. 40, par. 413)
    Sec. 413. Judgment.)
    (a) A judgment of dissolution of marriage or of legal
separation or of declaration of invalidity of marriage shall be
entered within 60 days of the closing of proofs; however, if
the court enters an order specifying good cause as to why the
court needs an additional 30 days, the judgment shall be
entered within 90 days of the closing of proofs, including any
hearing under subsection (j) of Section 503 of this Act and
submission of closing arguments. A judgment of dissolution of
marriage or of legal separation or of declaration of invalidity
of marriage is final when entered, subject to the right of
appeal. An appeal from the judgment of dissolution of marriage
that does not challenge the finding as to grounds does not
delay the finality of that provision of the judgment which
dissolves the marriage, beyond the time for appealing from that
provision, and either of the parties may remarry pending
appeal. An order requiring maintenance or support of a spouse
or a minor child or children entered under this Act or any
other law of this State shall not be suspended or the
enforcement thereof stayed pending the filing and resolution of
post-judgment motions or an appeal.
    (b) The clerk of the court shall give notice of the entry
of a judgment of dissolution of marriage or legal separation or
a declaration of invalidity of marriage:
        (1) if the marriage is registered in this State, to the
    county clerk of the county where the marriage is
    registered, who shall enter the fact of dissolution of
    marriage or legal separation or declaration of invalidity
    of marriage in the marriage registry; and within 45 days
    after the close of the month in which the judgment is
    entered, the clerk shall forward the certificate to the
    Department of Public Health on a form furnished by the
    Department; or
        (2) if the marriage is registered in another
    jurisdiction, to the appropriate official of that
    jurisdiction, with the request that he enter the fact of
    dissolution of marriage or legal separation or declaration
    of invalidity of marriage in the appropriate record.
    (c) Upon request by a wife whose marriage is dissolved or
declared invalid, the court shall order her maiden name or a
former name restored.
    (d) A judgment of dissolution of marriage or legal
separation, if made, shall be awarded to both of the parties,
and shall provide that it affects the status previously
existing between the parties in the manner adjudged.
(Source: P.A. 96-1072, eff. 1-1-11.) 
 
    (750 ILCS 5/452)
    Sec. 452. Petition. The parties to a dissolution proceeding
may file a joint petition for simplified dissolution if they
certify that all of the following conditions exist when the
proceeding is commenced:
        (a) Neither party is dependent on the other party for
    support or each party is willing to waive the right to
    support; and the parties understand that consultation with
    attorneys may help them determine eligibility for spousal
    support.
        (b) Either party has met the residency requirement of
    Section 401 of this Act.
        (c) The requirements of Section 401 regarding
    residence or military presence and proof of irreconcilable
    differences have been met. Irreconcilable differences have
    caused the irretrievable breakdown of the marriage and the
    parties have been separated 6 months or more and efforts at
    reconciliation have failed or future attempts at
    reconciliation would be impracticable and not in the best
    interests of the family.
        (d) No children were born of the relationship of the
    parties or adopted by the parties during the marriage, and
    the wife, to her knowledge, is not pregnant by the husband.
        (e) The duration of the marriage does not exceed 8
    years.
        (f) Neither party has any interest in real property or
    retirement benefits unless the retirement benefits are
    exclusively held in individual retirement accounts and the
    combined value of the accounts is less than $10,000.
        (g) The parties waive any rights to maintenance.
        (h) The total fair market value of all marital
    property, after deducting all encumbrances, is less than
    $50,000 $10,000, the combined gross annualized income from
    all sources is less than $60,000 $35,000, and neither party
    has a gross annualized income from all sources in excess of
    $30,000 $20,000.
        (i) The parties have disclosed to each other all assets
    and liabilities and their tax returns for all years of the
    marriage.
        (j) The parties have executed a written agreement
    dividing all assets in excess of $100 in value and
    allocating responsibility for debts and liabilities
    between the parties.
(Source: P.A. 90-731, eff. 7-1-99.) 
 
    (750 ILCS 5/453)
    Sec. 453. Procedure; Judgment. The parties shall use the
forms, including a form for the affidavit required under
Section 454, provided by the circuit court clerk, and the clerk
shall submit the petition to the court. The court shall
expeditiously consider the cause. Both parties shall appear in
person before the court and, if the court so directs, testify.
The court, after examination of the petition and the parties
and finding the agreement of the parties not unconscionable,
shall enter a judgment granting the dissolution if the
requirements of this Part IV-A have been met and the parties
have submitted the affidavit required under Section 454. No
transcript of proceedings shall be required.
(Source: P.A. 88-39.) 
 
    (750 ILCS 5/501)  (from Ch. 40, par. 501)
    Sec. 501. Temporary Relief.) In all proceedings under this
Act, temporary relief shall be as follows:
    (a) Either party may petition or move for:
        (1) temporary maintenance or temporary support of a
    child of the marriage entitled to support, accompanied by
    an affidavit as to the factual basis for the relief
    requested. One form of financial affidavit, as determined
    by the Supreme Court, shall be used statewide. The
    financial affidavit shall be supported by documentary
    evidence including, but not limited to, income tax returns,
    pay stubs, and banking statements. Unless the court
    otherwise directs, any affidavit or supporting documentary
    evidence submitted pursuant to this paragraph shall not be
    made part of the public record of the proceedings but shall
    be available to the court or an appellate court in which
    the proceedings are subject to review, to the parties,
    their attorneys, and such other persons as the court may
    direct. Upon motion of a party, a court may hold a hearing
    to determine whether and why there is a disparity between a
    party's sworn affidavit and the supporting documentation.
    If a party intentionally or recklessly files an inaccurate
    or misleading financial affidavit, the court shall impose
    significant penalties and sanctions including, but not
    limited to, costs and attorney's fees;
        (2) a temporary restraining order or preliminary
    injunction, accompanied by affidavit showing a factual
    basis for any of the following relief:
            (i) restraining any person from transferring,
        encumbering, concealing or otherwise disposing of any
        property except in the usual course of business or for
        the necessities of life, and, if so restrained,
        requiring him to notify the moving party and his
        attorney of any proposed extraordinary expenditures
        made after the order is issued; however, an order need
        not include an exception for transferring,
        encumbering, or otherwise disposing of property in the
        usual course of business or for the necessities of life
        if the court enters appropriate orders that enable the
        parties to pay their necessary personal and business
        expenses including, but not limited to, appropriate
        professionals to assist the court pursuant to
        subsection (l) of Section 503 to administer the payment
        and accounting of such living and business expenses;
            (ii) enjoining a party from removing a child from
        the jurisdiction of the court;
            (iii) enjoining a party from striking or
        interfering with the personal liberty of the other
        party or of any child; or
            (iv) providing other injunctive relief proper in
        the circumstances; or
        (3) other appropriate temporary relief including, in
    the discretion of the court, ordering the purchase or sale
    of assets and requiring that a party or parties borrow
    funds in the appropriate circumstances.
    Issues concerning temporary maintenance or temporary
support of a child entitled to support shall be dealt with on a
summary basis based on allocated parenting time, financial
affidavits, tax returns, pay stubs, banking statements, and
other relevant documentation, except an evidentiary hearing
may be held upon a showing of good cause. If a party
intentionally or recklessly files an inaccurate or misleading
financial affidavit, the court shall impose significant
penalties and sanctions including, but not limited to, costs
and attorney's fees resulting from the improper
representation.
    (b) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds,
on the basis of the moving affidavit or other evidence, that
irreparable injury will result to the moving party if no order
is issued until the time for responding has elapsed.
    (c) A response hereunder may be filed within 21 days after
service of notice of motion or at the time specified in the
temporary restraining order.
    (c-1) As used in this subsection (c-1), "interim attorney's
fees and costs" means attorney's fees and costs assessed from
time to time while a case is pending, in favor of the
petitioning party's current counsel, for reasonable fees and
costs either already incurred or to be incurred, and "interim
award" means an award of interim attorney's fees and costs.
Interim awards shall be governed by the following:
        (1) Except for good cause shown, a proceeding for (or
    relating to) interim attorney's fees and costs in a
    pre-judgment dissolution proceeding shall be
    nonevidentiary and summary in nature. All hearings for or
    relating to interim attorney's fees and costs under this
    subsection shall be scheduled expeditiously by the court.
    When a party files a petition for interim attorney's fees
    and costs supported by one or more affidavits that
    delineate relevant factors, the court (or a hearing
    officer) shall assess an interim award after affording the
    opposing party a reasonable opportunity to file a
    responsive pleading. A responsive pleading shall set out
    the amount of each retainer or other payment or payments,
    or both, previously paid to the responding party's counsel
    by or on behalf of the responding party. A responsive
    pleading shall include costs incurred, and shall indicate
    whether the costs are paid or unpaid. In assessing an
    interim award, the court shall consider all relevant
    factors, as presented, that appear reasonable and
    necessary, including to the extent applicable:
            (A) the income and property of each party,
        including alleged marital property within the sole
        control of one party and alleged non-marital property
        within access to a party;
            (B) the needs of each party;
            (C) the realistic earning capacity of each party;
            (D) any impairment to present earning capacity of
        either party, including age and physical and emotional
        health;
            (E) the standard of living established during the
        marriage;
            (F) the degree of complexity of the issues,
        including allocation of parental responsibility
        custody, valuation or division (or both) of closely
        held businesses, and tax planning, as well as
        reasonable needs for expert investigations or expert
        witnesses, or both;
            (G) each party's access to relevant information;
            (H) the amount of the payment or payments made or
        reasonably expected to be made to the attorney for the
        other party; and
            (I) any other factor that the court expressly finds
        to be just and equitable.
        (2) Any assessment of an interim award (including one
    pursuant to an agreed order) shall be without prejudice to
    any final allocation and without prejudice as to any claim
    or right of either party or any counsel of record at the
    time of the award. Any such claim or right may be presented
    by the appropriate party or counsel at a hearing on
    contribution under subsection (j) of Section 503 or a
    hearing on counsel's fees under subsection (c) of Section
    508. Unless otherwise ordered by the court at the final
    hearing between the parties or in a hearing under
    subsection (j) of Section 503 or subsection (c) of Section
    508, interim awards, as well as the aggregate of all other
    payments by each party to counsel and related payments to
    third parties, shall be deemed to have been advances from
    the parties' marital estate. Any portion of any interim
    award constituting an overpayment shall be remitted back to
    the appropriate party or parties, or, alternatively, to
    successor counsel, as the court determines and directs,
    after notice in a form designated by the Supreme Court. An
    order for the award of interim attorney's fees shall be a
    standardized form order and labeled "Interim Fee Award
    Order".
        (3) In any proceeding under this subsection (c-1), the
    court (or hearing officer) shall assess an interim award
    against an opposing party in an amount necessary to enable
    the petitioning party to participate adequately in the
    litigation, upon findings that the party from whom
    attorney's fees and costs are sought has the financial
    ability to pay reasonable amounts and that the party
    seeking attorney's fees and costs lacks sufficient access
    to assets or income to pay reasonable amounts. In
    determining an award, the court shall consider whether
    adequate participation in the litigation requires
    expenditure of more fees and costs for a party that is not
    in control of assets or relevant information. Except for
    good cause shown, an interim award shall not be less than
    payments made or reasonably expected to be made to the
    counsel for the other party. If the court finds that both
    parties lack financial ability or access to assets or
    income for reasonable attorney's fees and costs, the court
    (or hearing officer) shall enter an order that allocates
    available funds for each party's counsel, including
    retainers or interim payments, or both, previously paid, in
    a manner that achieves substantial parity between the
    parties.
        (4) The changes to this Section 501 made by this
    amendatory Act of 1996 apply to cases pending on or after
    June 1, 1997, except as otherwise provided in Section 508.
    (c-2) Allocation of use of marital residence. Where there
is on file a verified complaint or verified petition seeking
temporary eviction from the marital residence, the court may,
during the pendency of the proceeding, only in cases where the
physical or mental well-being of either spouse or his or her
children is jeopardized by occupancy of the marital residence
by both spouses, and only upon due notice and full hearing,
unless waived by the court on good cause shown, enter orders
granting the exclusive possession of the marital residence to
either spouse, by eviction from, or restoration of, the marital
residence, until the final determination of the cause pursuant
to the factors listed in Section 602.7 of this Act. No such
order shall in any manner affect any estate in homestead
property of either party. In entering orders under this
subsection (c-2), the court shall balance hardships to the
parties.
    (d) A temporary order entered under this Section:
        (1) does not prejudice the rights of the parties or the
    child which are to be adjudicated at subsequent hearings in
    the proceeding;
        (2) may be revoked or modified before final judgment,
    on a showing by affidavit and upon hearing; and
        (3) terminates when the final judgment is entered or
    when the petition for dissolution of marriage or legal
    separation or declaration of invalidity of marriage is
    dismissed.
    (e) The fees or costs of mediation shall be borne by the
parties and may be assessed by the court as it deems equitable
without prejudice and are subject to reallocation at the
conclusion of the case.
(Source: P.A. 96-583, eff. 1-1-10.) 
 
    (750 ILCS 5/501.1)  (from Ch. 40, par. 501.1)
    Sec. 501.1. Dissolution action stay.
    (a) Upon service of a summons and petition or praecipe
filed under the Illinois Marriage and Dissolution of Marriage
Act or upon the filing of the respondent's appearance in the
proceeding, whichever first occurs, a dissolution action stay
shall be in effect against both parties and their agents and
employees, without bond or further notice, until a final
judgement is entered, the proceeding is dismissed, or until
further order of the court:
        (1) restraining both parties from transferring,
encumbering, concealing, destroying, spending, damaging, or in
any way disposing of any property, without the consent of the
other party or an order of the court, except in the usual
course of business, for the necessities of life, or for
reasonable costs, expenses, and attorney's fees arising from
the proceeding, as well as requiring each party to provide
written notice to the other party and his or her attorney of
any proposed extraordinary expenditure or transaction;
         (1) (2) restraining both parties from physically
    abusing, harassing, intimidating, striking, or interfering
    with the personal liberty of the other party or the minor
    children of either party; and
         (2) (3) restraining both parties from removing any
    minor child of either party from the State of Illinois or
    from concealing any such child from the other party,
    without the consent of the other party or an order of the
    court.
    The restraint provided in this subsection (a) does not
operate to make unavailable any of the remedies provided in the
Illinois Domestic Violence Act of 1986.
    A restraint of the parties' actions under this Section does
not affect the rights of a bona fide purchaser or mortgagee
whose interest in real property or whose beneficial interest in
real property under an Illinois land trust was acquired before
the filing of a lis pendens notice under Section 2-1901 of the
Code of Civil Procedure.
    (b) (Blank). Notice of any proposed extraordinary
expenditure or transaction, as required by subsection (a),
shall be given as soon as practicable, but not less than 7 days
before the proposed date for the carrying out or commencement
of the carrying out of the extraordinary expenditure or
transaction, except in an emergency, in which event notice
shall be given as soon as practicable under the circumstances.
If proper notice is given and if the party receiving the notice
does not object by filing a petition for injunctive relief
under the Code of Civil Procedure within 7 days of receipt of
the notice, the carrying out of the proposed extraordinary
expenditure or transaction is not a violation of the
dissolution action stay. The dissolution action stay shall
remain in full force and effect against both parties for 14
days after the date of filing of a petition for injunctive
relief by the objecting party (or a shorter period if the court
so orders); and no extension beyond that 14 day period shall be
granted by the court. For good cause shown, a party may file a
petition for a reduction in time with respect to any 7 day
notice requirement under this subsection.
    (c) (Blank). A party making any extraordinary expenditure
or carrying out any extraordinary transaction after a
dissolution action stay is in effect shall account promptly to
the court and to the other party for all of those expenditures
and transactions. This obligation to account applies
throughout the pendency of the proceeding, irrespective of (i)
any notice given by any party as to any proposed extraordinary
expenditure or transaction, (ii) any filing of an objection and
petition under this Section or the absence of any such filing,
or (iii) any court ruling as to an issue presented to it by
either party.
    (d) (Blank). If the party making an extraordinary
expenditure or transaction fails to provide proper notice or if
despite proper notice the other party filed a petition and
prevailed on that petition, and the extraordinary expenditure
or transaction results in a loss of income or reduction in the
amount or in the value of property, there is a presumption of
dissipation of property, equal to the amount of the loss or
reduction, charged against the party for purposes of property
distribution under Section 503.
    (e) In a proceeding filed under this Act, the summons shall
provide notice of the entry of the automatic dissolution action
stay in a form as required by applicable rules.
(Source: P.A. 87-881; 88-24.) 
 
    (750 ILCS 5/502)  (from Ch. 40, par. 502)
    Sec. 502. Agreement.
    (a) To promote amicable settlement of disputes between
parties to a marriage attendant upon the dissolution of their
marriage, the parties may enter into an a written or oral
agreement containing provisions for disposition of any
property owned by either of them, maintenance of either of
them, and support, parental responsibility allocation custody
and visitation of their children, and support of their children
as provided in Section 513 after the children attain majority.
Any agreement pursuant to this Section must be in writing,
except for good cause shown with the approval of the court,
before proceeding to an oral prove up.
    (b) The terms of the agreement, except those providing for
the support and parental responsibility allocation , custody
and visitation of children, are binding upon the court unless
it finds, after considering the economic circumstances of the
parties and any other relevant evidence produced by the
parties, on their own motion or on request of the court, that
the agreement is unconscionable. The terms of the agreement
incorporated into the judgment are binding if there is any
conflict between the terms of the agreement and any testimony
made at an uncontested prove-up hearing on the grounds or the
substance of the agreement.
    (c) If the court finds the agreement unconscionable, it may
request the parties to submit a revised agreement or upon
hearing, may make orders for the disposition of property,
maintenance, child support and other matters.
    (d) Unless the agreement provides to the contrary, its
terms shall be set forth in the judgment, and the parties shall
be ordered to perform under such terms, or if the agreement
provides that its terms shall not be set forth in the judgment,
the judgment shall identify the agreement and state that the
court has approved its terms.
    (e) Terms of the agreement set forth in the judgment are
enforceable by all remedies available for enforcement of a
judgment, including contempt, and are enforceable as contract
terms.
    (f) Child Except for terms concerning the support, support
of children as provided in Section 513 after the children
attain majority, and parental responsibility allocation of
children may be modified upon a showing of a substantial change
in circumstances. The parties may provide that maintenance is
non-modifiable in amount, duration, or both. If the parties do
not provide that maintenance is non-modifiable in amount,
duration, or both, then those terms are modifiable upon a
substantial change of circumstances. Property provisions of an
agreement are never modifiable. The custody or visitation of
children, the judgment may expressly preclude or limit
modification of other terms set forth in the judgment if the
agreement so provides. Otherwise, terms of an agreement set
forth in the judgment are automatically modified by
modification of the judgment.
(Source: P.A. 83-216.) 
 
    (750 ILCS 5/503)  (from Ch. 40, par. 503)
    Sec. 503. Disposition of property and debts.
    (a) For purposes of this Act, "marital property" means all
property, including debts and other obligations, acquired by
either spouse subsequent to the marriage, except the following,
which is known as "non-marital property":
        (1) property acquired by gift, legacy or descent or
    property acquired in exchange for such property;
        (2) property acquired in exchange for property
    acquired before the marriage or in exchange for property
    acquired by gift, legacy or descent;
        (3) property acquired by a spouse after a judgment of
    legal separation;
        (4) property excluded by valid agreement of the
    parties, including a premarital agreement or a postnuptial
    agreement;
        (5) any judgment or property obtained by judgment
    awarded to a spouse from the other spouse except, however,
    when a spouse is required to sue the other spouse in order
    to obtain insurance coverage or otherwise recover from a
    third party and the recovery is directly related to amounts
    advanced by the marital estate, the judgment shall be
    considered marital property;
        (6) property acquired before the marriage, except as it
    relates to retirement plans that may have both marital and
    non-marital characteristics;
        (6.5) all property acquired by a spouse by the sole use
    of non-marital property as collateral for a loan that then
    is used to acquire property during the marriage; to the
    extent that the marital estate repays any portion of the
    loan, it shall be considered a contribution from the
    marital estate to the non-marital estate subject to
    reimbursement;
        (7) the increase in value of non-marital property
    acquired by a method listed in paragraphs (1) through (6)
    of this subsection, irrespective of whether the increase
    results from a contribution of marital property,
    non-marital property, the personal effort of a spouse, or
    otherwise, subject to the right of reimbursement provided
    in subsection (c) of this Section; and
        (8) income from property acquired by a method listed in
    paragraphs (1) through (7) of this subsection if the income
    is not attributable to the personal effort of a spouse.
    Property acquired prior to a marriage that would otherwise
be non-marital property shall not be deemed to be marital
property solely because the property was acquired in
contemplation of marriage.
    The court shall make specific factual findings as to its
classification of assets as marital or non-marital property,
values, and other factual findings supporting its property
award.
    (b)(1) For purposes of distribution of property pursuant to
this Section, all property acquired by either spouse after the
marriage and before a judgment of dissolution of marriage or
declaration of invalidity of marriage is presumed marital
property. This presumption includes , including non-marital
property transferred into some form of co-ownership between the
spouses, is presumed to be marital property, regardless of
whether title is held individually or by the spouses in some
form of co-ownership such as joint tenancy, tenancy in common,
tenancy by the entirety, or community property. A spouse may
overcome the The presumption of marital property is overcome by
a showing through clear and convincing evidence that the
property was acquired by a method listed in subsection (a) of
this Section or was done for estate or tax planning purposes or
for other reasons that establish that the transfer was not
intended to be a gift.
    (2) For purposes of distribution of property pursuant to
this Section, all pension benefits (including pension benefits
under the Illinois Pension Code, defined benefit plans, defined
contribution plans and accounts, individual retirement
accounts, and non-qualified plans) acquired by or participated
in by either spouse after the marriage and before a judgment of
dissolution of marriage or legal separation or declaration of
invalidity of the marriage are presumed to be marital property,
regardless of which spouse participates in the pension planA
spouse may overcome the The presumption that these pension
benefits are marital property is overcome by a showing through
clear and convincing evidence that the pension benefits were
acquired by a method listed in subsection (a) of this Section.
The right to a division of pension benefits in just proportions
under this Section is enforceable under Section 1-119 of the
Illinois Pension Code.
    The value of pension benefits in a retirement system
subject to the Illinois Pension Code shall be determined in
accordance with the valuation procedures established by the
retirement system.
    The recognition of pension benefits as marital property and
the division of those benefits pursuant to a Qualified Illinois
Domestic Relations Order shall not be deemed to be a
diminishment, alienation, or impairment of those benefits. The
division of pension benefits is an allocation of property in
which each spouse has a species of common ownership.
    (3) For purposes of distribution of property under this
Section, all stock options and restricted stock or similar form
of benefit granted to either spouse after the marriage and
before a judgment of dissolution of marriage or legal
separation or declaration of invalidity of marriage, whether
vested or non-vested or whether their value is ascertainable,
are presumed to be marital property. This presumption of
marital property is overcome by a showing that the stock
options or restricted stock or similar form of benefit were
acquired by a method listed in subsection (a) of this Section.
The court shall allocate stock options and restricted stock or
similar form of benefit between the parties at the time of the
judgment of dissolution of marriage or declaration of
invalidity of marriage recognizing that the value of the stock
options and restricted stock or similar form of benefit may not
be then determinable and that the actual division of the
options may not occur until a future date. In making the
allocation between the parties, the court shall consider, in
addition to the factors set forth in subsection (d) of this
Section, the following:
        (i) All circumstances underlying the grant of the stock
    option and restricted stock or similar form of benefit
    including but not limited to the vesting schedule, whether
    the grant was for past, present, or future efforts, whether
    the grant is designed to promote future performance or
    employment, or any combination thereof.
        (ii) The length of time from the grant of the option to
    the time the option is exercisable.
    (b-5) As to any existing policy of life insurance insuring
the life of either spouse, or any interest in such policy, that
constitutes marital property, whether whole life, term life,
group term life, universal life, or other form of life
insurance policy, and whether or not the value is
ascertainable, the court shall allocate ownership, death
benefits or the right to assign death benefits, and the
obligation for premium payments, if any, equitably between the
parties at the time of the judgment for dissolution or
declaration of invalidity of marriage.
    (c) Commingled marital and non-marital property shall be
treated in the following manner, unless otherwise agreed by the
spouses:
        (1)(A) If marital and non-marital property are
    commingled by one estate being contributed into the other,
    the following shall apply:
            (i) If the contributed property loses its
        identity, the contributed property transmutes to the
        estate receiving the property, subject to the
        provisions of paragraph (2) of this subsection (c).
            (ii) If the contributed property retains its
        identity, it does not transmute and remains property of
        the contributing estate.
        (B) If marital and non-marital property are commingled
    into newly acquired property resulting in a loss of
    identity of the contributing estates, the commingled
    property shall be deemed transmuted to marital property,
    subject to the provisions of paragraph (2) of this
    subsection (c).
        (2)(A) When one estate of property makes a contribution
    to another estate of property, the contributing estate
    shall be reimbursed from the estate receiving the
    contribution notwithstanding any transmutation. No such
    reimbursement shall be made with respect to a contribution
    that is not traceable by clear and convincing evidence or
    that was a gift. The court may provide for reimbursement
    out of the marital property to be divided or by imposing a
    lien against the non-marital property that received the
    contribution.
        (B) When a spouse contributes personal effort to
    non-marital property, it shall be deemed a contribution
    from the marital estate, which shall receive reimbursement
    for the efforts if the efforts are significant and result
    in substantial appreciation to the non-marital property
    except that if the marital estate reasonably has been
    compensated for his or her efforts, it shall not be deemed
    a contribution to the marital estate and there shall be no
    reimbursement to the marital estate. The court may provide
    for reimbursement out of the marital property to be divided
    or by imposing a lien against the non-marital property
    which received the contribution.
        (1) When marital and non-marital property are
    commingled by contributing one estate of property into
    another resulting in a loss of identity of the contributed
    property, the classification of the contributed property
    is transmuted to the estate receiving the contribution,
    subject to the provisions of paragraph (2) of this
    subsection; provided that if marital and non-marital
    property are commingled into newly acquired property
    resulting in a loss of identity of the contributing
    estates, the commingled property shall be deemed
    transmuted to marital property, subject to the provisions
    of paragraph (2) of this subsection.
        (2) When one estate of property makes a contribution to
    another estate of property, or when a spouse contributes
    personal effort to non-marital property, the contributing
    estate shall be reimbursed from the estate receiving the
    contribution notwithstanding any transmutation; provided,
    that no such reimbursement shall be made with respect to a
    contribution which is not retraceable by clear and
    convincing evidence, or was a gift, or, in the case of a
    contribution of personal effort of a spouse to non-marital
    property, unless the effort is significant and results in
    substantial appreciation of the non-marital property.
    Personal effort of a spouse shall be deemed a contribution
    by the marital estate. The court may provide for
    reimbursement out of the marital property to be divided or
    by imposing a lien against the non-marital property which
    received the contribution.
    (d) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage, or in a proceeding for
disposition of property following dissolution of marriage by a
court that which lacked personal jurisdiction over the absent
spouse or lacked jurisdiction to dispose of the property, the
court shall assign each spouse's non-marital property to that
spouse. It also shall divide the marital property without
regard to marital misconduct in just proportions considering
all relevant factors, including:
        (1) each party's the contribution of each party to the
    acquisition, preservation, or increase or decrease in
    value of the marital or non-marital property, including (i)
    any such decrease attributable to a payment deemed to have
    been an advance from the parties' marital estate under
    subsection (c-1)(2) of Section 501; and (ii) the
    contribution of a spouse as a homemaker or to the family
    unit; and (iii) whether the contribution is after the
    commencement of a proceeding for dissolution of marriage or
    declaration of invalidity of marriage;
        (2) the dissipation by each party of the marital or
    non-marital property, provided that a party's claim of
    dissipation is subject to the following conditions:
            (i) a notice of intent to claim dissipation shall
        be given no later than 60 days before trial or 30 days
        after discovery closes, whichever is later;
            (ii) the notice of intent to claim dissipation
        shall contain, at a minimum, a date or period of time
        during which the marriage began undergoing an
        irretrievable breakdown, an identification of the
        property dissipated, and a date or period of time
        during which the dissipation occurred;
            (iii) a certificate or service of the notice of
        intent to claim dissipation shall be filed with the
        clerk of the court and be served pursuant to applicable
        rules;
            (iv) no dissipation shall be deemed to have
        occurred prior to 3 years after the party claiming
        dissipation knew or should have known of the
        dissipation, but in no event prior to 5 years before
        the filing of the petition for dissolution of marriage
        5 years before the filing of the petition for
        dissolution of marriage, or 3 years after the party
        claiming dissipation knew or should have known of the
        dissipation;
        (3) the value of the property assigned to each spouse;
        (4) the duration of the marriage;
        (5) the relevant economic circumstances of each spouse
    when the division of property is to become effective,
    including the desirability of awarding the family home, or
    the right to live therein for reasonable periods, to the
    spouse having the primary residence custody of the
    children;
        (6) any obligations and rights arising from a prior
    marriage of either party;
        (7) any prenuptial or postnuptial antenuptial
    agreement of the parties;
        (8) the age, health, station, occupation, amount and
    sources of income, vocational skills, employability,
    estate, liabilities, and needs of each of the parties;
        (9) the custodial provisions for any children;
        (10) whether the apportionment is in lieu of or in
    addition to maintenance;
        (11) the reasonable opportunity of each spouse for
    future acquisition of capital assets and income; and
        (12) the tax consequences of the property division upon
    the respective economic circumstances of the parties.
    (e) Each spouse has a species of common ownership in the
marital property which vests at the time dissolution
proceedings are commenced and continues only during the
pendency of the action. Any such interest in marital property
shall not encumber that property so as to restrict its
transfer, assignment or conveyance by the title holder unless
such title holder is specifically enjoined from making such
transfer, assignment or conveyance.
    (f) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage or in a proceeding for
disposition of property following dissolution of marriage by a
court that lacked personal jurisdiction over the absent spouse
or lacked jurisdiction to dispose of the property, the court,
in determining the value of the marital and non-marital
property for purposes of dividing the property, has the
discretion to use the date of the trial or such other date as
agreed upon by the parties, or ordered by the court within its
discretion, for purposes of determining the value of assets or
property shall value the property as of the date of trial or
some other date as close to the date of trial as is
practicable.
    (g) The court if necessary to protect and promote the best
interests of the children may set aside a portion of the
jointly or separately held estates of the parties in a separate
fund or trust for the support, maintenance, education, physical
and mental health, and general welfare of any minor, dependent,
or incompetent child of the parties. In making a determination
under this subsection, the court may consider, among other
things, the conviction of a party of any of the offenses set
forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
12-15, or 12-16, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal
Code of 2012 if the victim is a child of one or both of the
parties, and there is a need for, and cost of, care, healing
and counseling for the child who is the victim of the crime.
    (h) Unless specifically directed by a reviewing court, or
upon good cause shown, the court shall not on remand consider
any increase or decrease in the value of any "marital" or
"non-marital" property occurring since the assessment of such
property at the original trial or hearing, but shall use only
that assessment made at the original trial or hearing.
    (i) The court may make such judgments affecting the marital
property as may be just and may enforce such judgments by
ordering a sale of marital property, with proceeds therefrom to
be applied as determined by the court.
    (j) After proofs have closed in the final hearing on all
other issues between the parties (or in conjunction with the
final hearing, if all parties so stipulate) and before judgment
is entered, a party's petition for contribution to fees and
costs incurred in the proceeding shall be heard and decided, in
accordance with the following provisions:
        (1) A petition for contribution, if not filed before
    the final hearing on other issues between the parties,
    shall be filed no later than 14 30 days after the closing
    of proofs in the final hearing or within such other period
    as the court orders.
        (2) Any award of contribution to one party from the
    other party shall be based on the criteria for division of
    marital property under this Section 503 and, if maintenance
    has been awarded, on the criteria for an award of
    maintenance under Section 504.
        (3) The filing of a petition for contribution shall not
    be deemed to constitute a waiver of the attorney-client
    privilege between the petitioning party and current or
    former counsel; and such a waiver shall not constitute a
    prerequisite to a hearing for contribution. If either
    party's presentation on contribution, however, includes
    evidence within the scope of the attorney-client
    privilege, the disclosure or disclosures shall be narrowly
    construed and shall not be deemed by the court to
    constitute a general waiver of the privilege as to matters
    beyond the scope of the presentation.
        (4) No finding on which a contribution award is based
    or denied shall be asserted against counsel or former
    counsel for purposes of any hearing under subsection (c) or
    (e) of Section 508.
        (5) A contribution award (payable to either the
    petitioning party or the party's counsel, or jointly, as
    the court determines) may be in the form of either a set
    dollar amount or a percentage of fees and costs (or a
    portion of fees and costs) to be subsequently agreed upon
    by the petitioning party and counsel or, alternatively,
    thereafter determined in a hearing pursuant to subsection
    (c) of Section 508 or previously or thereafter determined
    in an independent proceeding under subsection (e) of
    Section 508.
        (6) The changes to this Section 503 made by this
    amendatory Act of 1996 apply to cases pending on or after
    June 1, 1997, except as otherwise provided in Section 508.
    (k) In determining the value of assets or property under
this Section, the court shall employ a fair market value
standard. The date of valuation for the purposes of division of
assets shall be the date of trial or such other date as agreed
by the parties or ordered by the court, within its discretion.
If the court grants a petition brought under Section 2-1401 of
the Code of Civil Procedure, then the court has the discretion
to use the date of the trial or such other date as agreed upon
by the parties, or ordered by the court within its discretion,
for purposes of determining the value of assets or property.
    (l) The court may seek the advice of financial experts or
other professionals, whether or not employed by the court on a
regular basis. The advice given shall be in writing and made
available by the court to counsel. Counsel may examine as a
witness any professional consulted by the court designated as
the court's witness. Professional personnel consulted by the
court are subject to subpoena for the purposes of discovery,
trial, or both. The court shall allocate the costs and fees of
those professional personnel between the parties based upon the
financial ability of each party and any other criteria the
court considers appropriate, and the allocation is subject to
reallocation under subsection (a) of Section 508. Upon the
request of any party or upon the court's own motion, the court
may conduct a hearing as to the reasonableness of those fees
and costs.
    (m) The changes made to this Section by Public Act 97-941
this amendatory Act of the 97th General Assembly apply only to
petitions for dissolution of marriage filed on or after January
1, 2013 (the effective date of Public Act 97-941) this
amendatory Act of the 97th General Assembly.
(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section
985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff.
7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13; revised 12-10-14.)
 
    (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 a proceeding for maintenance
following dissolution of the marriage by a court which lacked
personal jurisdiction over the absent spouse, the court may
grant a temporary or permanent maintenance award for either
spouse in amounts and for periods of time as the court deems
just, without regard to marital misconduct, in gross or for
fixed or indefinite periods of time, and the maintenance may be
paid from the income or property of the other spouse. The court
shall first 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) (5) the time necessary to enable the party seeking
    maintenance to acquire appropriate education, training,
    and employment, and whether that party is able to support
    himself or herself through appropriate employment or any
    parental responsibility arrangements and its effect on the
    party seeking is the custodian of a child making it
    appropriate that the custodian not seek employment;
        (7) (6) the standard of living established during the
    marriage;
        (8) (7) 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 (8) the
    age and the physical and emotional condition of both
    parties;
        (10) all sources of public and private income
    including, without limitation, disability and retirement
    income;
        (11) (9) the tax consequences of the property division
    upon the respective economic circumstances of the parties;
        (12) (10) contributions and services by the party
    seeking maintenance to the education, training, career or
    career potential, or license of the other spouse;
        (13) (11) any valid agreement of the parties; and
        (14) (12) any other factor that the court expressly
    finds to be just and equitable.
    (b) (Blank).
    (b-1) Amount and duration of maintenance. If the court
determines that a maintenance award is appropriate, the court
shall order maintenance in accordance with either paragraph (1)
or (2) of this subsection (b-1):
        (1) Maintenance award in accordance with guidelines.
    In situations when the combined gross income of the parties
    is less than $250,000 and the payor has no obligation to
    pay child support or maintenance or both from a prior
    relationship no multiple family situation exists,
    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 30% of the payor's
        gross income minus 20% of the payee's gross 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: 5 0-5 years
        or less (.20); more than 5 years but less than 10 5-10
        years (.40); 10 years or more but less than 15 10-15
        years (.60); or 15 years or more but less than 20 15-20
        years (.80). For a marriage of 20 or more years, the
        court, in its discretion, shall order either permanent
        maintenance or maintenance for a period equal to the
        length of the marriage.
        (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.
    (b-3) Gross income. For purposes of this Section, the term
"gross income" means all income from all sources, within the
scope of that phase in Section 505 of this Act.
    (b-4) 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) Fixed-term maintenance in marriages of less than 10
years. If a court grants maintenance for a fixed period under
subsection (a) of this Section at the conclusion of a case
commenced before the tenth anniversary of the marriage, the
court may also designate the termination of the period during
which this 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.
    (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.
    (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 1,000,000 inhabitants or less, the order shall direct
the obligor to pay to the clerk, in addition to the maintenance
payments, all fees imposed by the county board under paragraph
(3) of subsection (u) of Section 27.1 of the Clerks of Courts
Act. Unless paid in cash or pursuant to an order for
withholding, the payment of the fee shall be by a separate
instrument from the support payment and shall be made to the
order of the Clerk.
    (f) 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 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) 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. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
97-813, eff. 7-13-12; 98-961, eff. 1-1-15.) 
 
    (750 ILCS 5/505)  (from Ch. 40, par. 505)
    Sec. 505. Child support; contempt; penalties.
    (a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court that lacked personal jurisdiction over the
absent spouse, a proceeding for modification of a previous
order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the
court may order either or both parents owing a duty of support
to a child of the marriage to pay an amount reasonable and
necessary for the support of the child, without regard to
marital misconduct. The duty of support owed to a child
includes the obligation to provide for the reasonable and
necessary educational, physical, mental and emotional health
needs of the child. For purposes of this Section, the term
"child" shall include any child under age 18 and any child
under age 19 who is still attending high school. For purposes
of this Section, the term "supporting parent" means the parent
obligated to pay support to the other parent.
        (1) The Court shall determine the minimum amount of
    support by using the following guidelines:
Number of ChildrenPercent of Supporting Party's
Net Income
120%
228%
332%
440%
545%
6 or more50%
        (2) The above guidelines shall be applied in each case
    unless the court finds that a deviation from the guidelines
    is appropriate after considering the best interest of the
    child in light of the evidence, including, but not limited
    to, one or more of the following relevant factors:
            (a) the financial resources and needs of the child;
            (b) the financial resources and needs of the
        parents custodial parent;
            (c) the standard of living the child would have
        enjoyed had the marriage not been dissolved;
            (d) the physical, mental, and emotional needs of
        the child; and
            (d-5) the educational needs of the child. ; and
            (e) the financial resources and needs of the
        non-custodial parent.
        If the court deviates from the guidelines, the court's
    finding shall state the amount of support that would have
    been required under the guidelines, if determinable. The
    court shall include the reason or reasons for the variance
    from the guidelines.
        (2.5) The court, in its discretion, in addition to
    setting child support pursuant to the guidelines and
    factors, may order either or both parents owing a duty of
    support to a child of the marriage to contribute to the
    following expenses, if determined by the court to be
    reasonable:
            (a) health needs not covered by insurance;
            (b) child care;
            (c) education; and
            (d) extracurricular activities.
        (3) "Net income" is defined as the total of all income
    from all sources, minus the following deductions:
            (a) Federal income tax (properly calculated
        withholding or estimated payments);
            (b) State income tax (properly calculated
        withholding or estimated payments);
            (c) Social Security (FICA payments);
            (d) Mandatory retirement contributions required by
        law or as a condition of employment;
            (e) Union dues;
            (f) Dependent and individual
        health/hospitalization insurance premiums and premiums
        for life insurance ordered by the court to reasonably
        secure payment of ordered child support;
            (g) Prior obligations of support or maintenance
        actually paid pursuant to a court order;
            (g-5) Obligations pursuant to a court order for
        maintenance in the pending proceeding actually paid or
        payable under Section 504 to the same party to whom
        child support is to be payable;
            (h) Expenditures for repayment of debts that
        represent reasonable and necessary expenses for the
        production of income including, but not limited to,
        student loans, medical expenditures necessary to
        preserve life or health, reasonable expenditures for
        the benefit of the child and the other parent,
        exclusive of gifts. The court shall reduce net income
        in determining the minimum amount of support to be
        ordered only for the period that such payments are due
        and shall enter an order containing provisions for its
        self-executing modification upon termination of such
        payment period;
            (i) Foster care payments paid by the Department of
        Children and Family Services for providing licensed
        foster care to a foster child.
        (4) In cases where the court order provides for
    health/hospitalization insurance coverage pursuant to
    Section 505.2 of this Act, the premiums for that insurance,
    or that portion of the premiums for which the supporting
    party is responsible in the case of insurance provided
    through an employer's health insurance plan where the
    employer pays a portion of the premiums, shall be
    subtracted from net income in determining the minimum
    amount of support to be ordered.
        (4.5) In a proceeding for child support following
    dissolution of the marriage by a court that lacked personal
    jurisdiction over the absent spouse, and in which the court
    is requiring payment of support for the period before the
    date an order for current support is entered, there is a
    rebuttable presumption that the supporting party's net
    income for the prior period was the same as his or her net
    income at the time the order for current support is
    entered.
        (5) If the net income cannot be determined because of
    default or any other reason, the court shall order support
    in an amount considered reasonable in the particular case.
    The final order in all cases shall state the support level
    in dollar amounts. However, if the court finds that the
    child support amount cannot be expressed exclusively as a
    dollar amount because all or a portion of the supporting
    parent's payor'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 supporting non-custodial parent was
    properly served with a request for discovery of financial
    information relating to the supporting non-custodial
    parent's ability to provide child support, (ii) the
    supporting non-custodial parent failed to comply with the
    request, despite having been ordered to do so by the court,
    and (iii) the supporting non-custodial parent is not
    present at the hearing to determine support despite having
    received proper notice, then any relevant financial
    information concerning the supporting non-custodial
    parent's ability to provide child support that was obtained
    pursuant to subpoena and proper notice shall be admitted
    into evidence without the need to establish any further
    foundation for its admission.
    (a-5) In an action to enforce an order for support based on
the respondent's failure to make support payments as required
by the order, notice of proceedings to hold the respondent in
contempt for that failure may be served on the respondent by
personal service or by regular mail addressed to the
respondent's last known address. The respondent's last known
address may be determined from records of the clerk of the
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 receiving the
support or to the guardian receiving the support having custody
or to the guardian having custody of the children of the
sentenced parent for the support of said children until further
order of the Court.
    If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to
other penalties provided by law may order that the parent do
one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Employment Security for job
search services to find employment that will be subject to
withholding for child support.
    If there is a unity of interest and ownership sufficient to
render no financial separation between a supporting
non-custodial parent and another person or persons or business
entity, the court may pierce the ownership veil of the person,
persons, or business entity to discover assets of the
supporting non-custodial parent held in the name of that
person, those persons, or that business entity. The following
circumstances are sufficient to authorize a court to order
discovery of the assets of a person, persons, or business
entity and to compel the application of any discovered assets
toward payment on the judgment for support:
        (1) the supporting non-custodial parent and the
    person, persons, or business entity maintain records
    together.
        (2) the supporting non-custodial parent and the
    person, persons, or business entity fail to maintain an
    arm's length relationship between themselves with regard
    to any assets.
        (3) the supporting non-custodial parent transfers
    assets to the person, persons, or business entity with the
    intent to perpetrate a fraud on the custodial parent
    receiving the support.
    With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to
the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the
real property is located.
    The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The clerk of the circuit
court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
parent.
    In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
    A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
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 supporting noncustodial parent for
each installment of overdue support owed by the supporting
noncustodial parent.
    (e) When child support is to be paid through the clerk of
the court in a county of 1,000,000 inhabitants or less, the
order shall direct the supporting parent obligor to pay to the
clerk, in addition to the child support payments, all fees
imposed by the county board under paragraph (3) of subsection
(u) of Section 27.1 of the Clerks of Courts Act. Unless paid in
cash or pursuant to an order for withholding, the payment of
the fee shall be by a separate instrument from the support
payment and shall be made to the order of the Clerk.
    (f) All orders for support, when entered or modified, shall
include a provision requiring the supporting parent 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 supporting parent
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 supporting non-custodial parent. In
any subsequent action to enforce a support order, upon a
sufficient showing that a diligent effort has been made to
ascertain the location of the supporting non-custodial parent,
service of process or provision of notice necessary in the case
may be made at the last known address of the supporting
non-custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Act, which service shall be
sufficient for purposes of due process.
    (g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
    (g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after the effective date of this amendatory Act of the 93rd
General Assembly must contain a statement notifying the parties
of the requirements of this subsection. Failure to include the
statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
    (h) An order entered under this Section shall include a
provision requiring 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
the obligor to report to the obligee and to the clerk of court
within 10 days each time the obligor obtains new employment,
and each time the obligor's employment is terminated for any
reason. The report shall be in writing and 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 parent to advise the any
obligor arrested for failure to report new employment bond
shall be set in the amount of the child support that should
have been paid during the period of unreported employment. An
order entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each other
of a change in residence within 5 days of the change except
when the court finds that the physical, mental, or emotional
health of a party or that of a child, or both, would be
seriously endangered by disclosure of the party's address.
    (i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
97-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13;
97-1029, eff. 1-1-13; 98-463, eff. 8-16-13; 98-961, eff.
1-1-15.) 
 
    (750 ILCS 5/506)  (from Ch. 40, par. 506)
    Sec. 506. Representation of child.
    (a) Duties. In any proceedings involving the support,
custody, visitation, allocation of parental responsibilities,
education, parentage, property interest, or general welfare of
a minor or dependent child, the court may, on its own motion or
that of any party, appoint an attorney to serve in one of the
following capacities to address the issues the court
delineates:
        (1) Attorney. The attorney shall provide independent
    legal counsel for the child and shall owe the same duties
    of undivided loyalty, confidentiality, and competent
    representation as are due an adult client.
        (2) Guardian ad litem. The guardian ad litem shall
    testify or submit a written report to the court regarding
    his or her recommendations in accordance with the best
    interest of the child. The report shall be made available
    to all parties. The guardian ad litem may be called as a
    witness for purposes of cross-examination regarding the
    guardian ad litem's report or recommendations. The
    guardian ad litem shall investigate the facts of the case
    and interview the child and the parties.
        (3) Child representative. The child representative
    shall advocate what the child representative finds to be in
    the best interests of the child after reviewing the facts
    and circumstances of the case. The child representative
    shall meet with the child and the parties, investigate the
    facts of the case, and encourage settlement and the use of
    alternative forms of dispute resolution. The child
    representative shall have the same authority and
    obligation to participate in the litigation as does an
    attorney for a party and shall possess all the powers of
    investigation as does a guardian ad litem. The child
    representative shall consider, but not be bound by, the
    expressed wishes of the child. A child representative shall
    have received training in child advocacy or shall possess
    such experience as determined to be equivalent to such
    training by the chief judge of the circuit where the child
    representative has been appointed. The child
    representative shall not disclose confidential
    communications made by the child, except as required by law
    or by the Rules of Professional Conduct. The child
    representative shall not render an opinion,
    recommendation, or report to the court and shall not be
    called as a witness, but shall offer evidence-based legal
    arguments. The child representative shall disclose the
    position as to what the child representative intends to
    advocate in a pre-trial memorandum that shall be served
    upon all counsel of record prior to the trial. The position
    disclosed in the pre-trial memorandum shall not be
    considered evidence. The court and the parties may consider
    the position of the child representative for purposes of a
    settlement conference.
    (a-3) Additional appointments. During the proceedings the
court may appoint an additional attorney to serve in the
capacity described in subdivision (a)(1) or an additional
attorney to serve in another of the capacities described in
subdivision (a)(2) or (a)(3) on the court's own motion or that
of a party only for good cause shown and when the reasons for
the additional appointment are set forth in specific findings.
    (a-5) Appointment considerations. In deciding whether to
make an appointment of an attorney for the minor child, a
guardian ad litem, or a child representative, the court shall
consider the nature and adequacy of the evidence to be
presented by the parties and the availability of other methods
of obtaining information, including social service
organizations and evaluations by mental health professions, as
well as resources for payment.
    In no event is this Section intended to or designed to
abrogate the decision making power of the trier of fact. Any
appointment made under this Section is not intended to nor
should it serve to place any appointed individual in the role
of a surrogate judge.
    (b) Fees and costs. The court shall enter an order as
appropriate for costs, fees, and disbursements, including a
retainer, when the attorney, guardian ad litem, or child's
representative is appointed. Any person appointed under this
Section shall file with the court within 90 days of his or her
appointment, and every subsequent 90-day period thereafter
during the course of his or her representation, a detailed
invoice for services rendered with a copy being sent to each
party. The court shall review the invoice submitted and approve
the fees, if they are reasonable and necessary. Any order
approving the fees shall require payment by either or both
parents, by any other party or source, or from the marital
estate or the child's separate estate. The court may not order
payment by the Department of Healthcare and Family Services in
cases in which the Department is providing child support
enforcement services under Article X of the Illinois Public Aid
Code. Unless otherwise ordered by the court at the time fees
and costs are approved, all fees and costs payable to an
attorney, guardian ad litem, or child representative under this
Section are by implication deemed to be in the nature of
support of the child and are within the exceptions to discharge
in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections
501 and 508 of this Act shall apply to fees and costs for
attorneys appointed under this Section.
(Source: P.A. 94-640, eff. 1-1-06; 95-331, eff. 8-21-07.) 
 
    (750 ILCS 5/508)  (from Ch. 40, par. 508)
    Sec. 508. Attorney's Fees; Client's Rights and
Responsibilities Respecting Fees and Costs.
    (a) The court from time to time, after due notice and
hearing, and after considering the financial resources of the
parties, may order any party to pay a reasonable amount for his
own or the other party's costs and attorney's fees. Interim
attorney's fees and costs may be awarded from the opposing
party, in a pre-judgment dissolution proceeding in accordance
with subsection (c-1) of Section 501 and in any other
proceeding under this subsection. At the conclusion of any
pre-judgment dissolution proceeding under this subsection,
contribution to attorney's fees and costs may be awarded from
the opposing party in accordance with subsection (j) of Section
503 and in any other proceeding under this subsection. Fees and
costs may be awarded in any proceeding to counsel from a former
client in accordance with subsection (c) of this Section.
Awards may be made in connection with the following:
        (1) The maintenance or defense of any proceeding under
    this Act.
        (2) The enforcement or modification of any order or
    judgment under this Act.
        (3) The defense of an appeal of any order or judgment
    under this Act, including the defense of appeals of
    post-judgment orders.
        (3.1) The prosecution of any claim on appeal (if the
    prosecuting party has substantially prevailed).
        (4) The maintenance or defense of a petition brought
    under Section 2-1401 of the Code of Civil Procedure seeking
    relief from a final order or judgment under this Act. Fees
    incurred with respect to motions under Section 2-1401 of
    the Code of Civil Procedure may be granted only to the
    party who substantially prevails.
        (5) The costs and legal services of an attorney
    rendered in preparation of the commencement of the
    proceeding brought under this Act.
        (6) Ancillary litigation incident to, or reasonably
    connected with, a proceeding under this Act.
        (7) Costs and attorney's fees incurred in an action
    under the Hague Convention on the Civil Aspects of
    International Child Abduction.
    All petitions for or relating to interim fees and costs
under this subsection shall be accompanied by an affidavit as
to the factual basis for the relief requested and all hearings
relative to any such petition shall be scheduled expeditiously
by the court. All provisions for contribution under this
subsection shall also be subject to paragraphs (3), (4), and
(5) of subsection (j) of Section 503.
    The court may order that the award of attorney's fees and
costs (including an interim or contribution award) shall be
paid directly to the attorney, who may enforce the order in his
or her name, or that it shall be paid to the appropriate party.
Judgment may be entered and enforcement had accordingly. Except
as otherwise provided in subdivision (e)(1) of this Section,
subsection (c) of this Section is exclusive as to the right of
any counsel (or former counsel) of record to petition a court
for an award and judgment for final fees and costs during the
pendency of a proceeding under this Act.
    A petition for temporary attorney's fees in a post-judgment
case may be heard on a non-evidentiary, summary basis.
    (b) In every proceeding for the enforcement of an order or
judgment when the court finds that the failure to comply with
the order or judgment was without compelling cause or
justification, the court shall order the party against whom the
proceeding is brought to pay promptly the costs and reasonable
attorney's fees of the prevailing party. If non-compliance is
with respect to a discovery order, the non-compliance is
presumptively without compelling cause or justification, and
the presumption may only be rebutted by clear and convincing
evidence. If at any time a court finds that a hearing under
this Act was precipitated or conducted for any improper
purpose, the court shall allocate fees and costs of all parties
for the hearing to the party or counsel found to have acted
improperly. Improper purposes include, but are not limited to,
harassment, unnecessary delay, or other acts needlessly
increasing the cost of litigation.
    (c) Final hearings for attorney's fees and costs against an
attorney's own client, pursuant to a Petition for Setting Final
Fees and Costs of either a counsel or a client, shall be
governed by the following:
        (1) No petition of a counsel of record may be filed
    against a client unless the filing counsel previously has
    been granted leave to withdraw as counsel of record or has
    filed a motion for leave to withdraw as counsel. On receipt
    of a petition of a client under this subsection (c), the
    counsel of record shall promptly file a motion for leave to
    withdraw as counsel. If the client and the counsel of
    record agree, however, a hearing on the motion for leave to
    withdraw as counsel filed pursuant to this subdivision
    (c)(1) may be deferred until completion of any alternative
    dispute resolution procedure under subdivision (c)(4). As
    to any Petition for Setting Final Fees and Costs against a
    client or counsel over whom the court has not obtained
    jurisdiction, a separate summons shall issue. Whenever a
    separate summons is not required, original notice as to a
    Petition for Setting Final Fees and Costs may be given, and
    documents served, in accordance with Illinois Supreme
    Court Rules 11 and 12.
        (2) No final hearing under this subsection (c) is
    permitted unless: (i) the counsel and the client had
    entered into a written engagement agreement at the time the
    client retained the counsel (or reasonably soon
    thereafter) and the agreement meets the requirements of
    subsection (f); (ii) the written engagement agreement is
    attached to an affidavit of counsel that is filed with the
    petition or with the counsel's response to a client's
    petition; (iii) judgment in any contribution hearing on
    behalf of the client has been entered or the right to a
    contribution hearing under subsection (j) of Section 503
    has been waived; (iv) the counsel has withdrawn as counsel
    of record; and (v) the petition seeks adjudication of all
    unresolved claims for fees and costs between the counsel
    and the client. Irrespective of a Petition for Setting
    Final Fees and Costs being heard in conjunction with an
    original proceeding under this Act, the relief requested
    under a Petition for Setting Final Fees and Costs
    constitutes a distinct cause of action. A pending but
    undetermined Petition for Setting Final Fees and Costs
    shall not affect appealability or enforceability of any
    judgment or other adjudication in the original proceeding.
        (3) The determination of reasonable attorney's fees
    and costs either under this subsection (c), whether
    initiated by a counsel or a client, or in an independent
    proceeding for services within the scope of subdivisions
    (1) through (5) of subsection (a), is within the sound
    discretion of the trial court. The court shall first
    consider the written engagement agreement and, if the court
    finds that the former client and the filing counsel,
    pursuant to their written engagement agreement, entered
    into a contract which meets applicable requirements of
    court rules and addresses all material terms, then the
    contract shall be enforceable in accordance with its terms,
    subject to the further requirements of this subdivision
    (c)(3). Before ordering enforcement, however, the court
    shall consider the performance pursuant to the contract.
    Any amount awarded by the court must be found to be fair
    compensation for the services, pursuant to the contract,
    that the court finds were reasonable and necessary. Quantum
    meruit principles shall govern any award for legal services
    performed that is not based on the terms of the written
    engagement agreement (except that, if a court expressly
    finds in a particular case that aggregate billings to a
    client were unconscionably excessive, the court in its
    discretion may reduce the award otherwise determined
    appropriate or deny fees altogether).
        (4) No final hearing under this subsection (c) is
    permitted unless any controversy over fees and costs (that
    is not otherwise subject to some form of alternative
    dispute resolution) has first been submitted to mediation,
    arbitration, or any other court approved alternative
    dispute resolution procedure, except as follows:
            (A) In any circuit court for a single county with a
        population in excess of 1,000,000, the requirement of
        the controversy being submitted to an alternative
        dispute resolution procedure is mandatory unless the
        client and the counsel both affirmatively opt out of
        such procedures; or
            (B) In any other circuit court, the requirement of
        the controversy being submitted to an alternative
        dispute resolution procedure is mandatory only if
        neither the client nor the counsel affirmatively opts
        out of such procedures.
        After completion of any such procedure (or after one or
    both sides has opted out of such procedures), if the
    dispute is unresolved, any pending motion for leave to
    withdraw as counsel shall be promptly granted and a final
    hearing under this subsection (c) shall be expeditiously
    set and completed.
        (5) A petition (or a praecipe for fee hearing without
    the petition) shall be filed no later than the end of the
    period in which it is permissible to file a motion pursuant
    to Section 2-1203 of the Code of Civil Procedure. A
    praecipe for fee hearing shall be dismissed if a Petition
    for Setting Final Fees and Costs is not filed within 60
    days after the filing of the praecipe. A counsel who
    becomes a party by filing a Petition for Setting Final Fees
    and Costs, or as a result of the client filing a Petition
    for Setting Final Fees and Costs, shall not be entitled to
    exercise the right to a substitution of a judge without
    cause under subdivision (a)(2) of Section 2-1001 of the
    Code of Civil Procedure. Each of the foregoing deadlines
    for the filing of a praecipe or a petition shall be:
        (A) tolled if a motion is filed under Section 2-1203 of
    the Code of Civil Procedure, in which instance a petition
    (or a praecipe) shall be filed no later than 30 days
    following disposition of all Section 2-1203 motions; or
        (B) tolled if a notice of appeal is filed, in which
    instance a petition (or praecipe) shall be filed no later
    than 30 days following the date jurisdiction on the issue
    appealed is returned to the trial court.
    If a praecipe has been timely filed, then by timely filed
written stipulation between counsel and client (or former
client), the deadline for the filing of a petition may be
extended for a period of up to one year.
    (d) A consent judgment, in favor of a current counsel of
record against his or her own client for a specific amount in a
marital settlement agreement, dissolution judgment, or any
other instrument involving the other litigant, is prohibited. A
consent judgment between client and counsel, however, is
permissible if it is entered pursuant to a verified petition
for entry of consent judgment, supported by an affidavit of the
counsel of record that includes the counsel's representation
that the client has been provided an itemization of the billing
or billings to the client, detailing hourly costs, time spent,
and tasks performed, and by an affidavit of the client
acknowledging receipt of that documentation, awareness of the
right to a hearing, the right to be represented by counsel
(other than counsel to whom the consent judgment is in favor),
and the right to be present at the time of presentation of the
petition, and agreement to the terms of the judgment. The
petition may be filed at any time during which it is
permissible for counsel of record to file a petition (or a
praecipe) for a final fee hearing, except that no such petition
for entry of consent judgment may be filed before adjudication
(or waiver) of the client's right to contribution under
subsection (j) of Section 503 or filed after the filing of a
petition (or a praecipe) by counsel of record for a fee hearing
under subsection (c) if the petition (or praecipe) remains
pending. No consent security arrangement between a client and a
counsel of record, pursuant to which assets of a client are
collateralized to secure payment of legal fees or costs, is
permissible unless approved in advance by the court as being
reasonable under the circumstances.
    (e) Counsel may pursue an award and judgment against a
former client for legal fees and costs in an independent
proceeding in the following circumstances:
        (1) While a case under this Act is still pending, a
    former counsel may pursue such an award and judgment at any
    time subsequent to 90 days after the entry of an order
    granting counsel leave to withdraw; and
        (2) After the close of the period during which a
    petition (or praecipe) may be filed under subdivision
    (c)(5), if no such petition (or praecipe) for the counsel
    remains pending, any counsel or former counsel may pursue
    such an award and judgment in an independent proceeding.
In an independent proceeding, the prior applicability of this
Section shall in no way be deemed to have diminished any other
right of any counsel (or former counsel) to pursue an award and
judgment for legal fees and costs on the basis of remedies that
may otherwise exist under applicable law; and the limitations
period for breach of contract shall apply. In an independent
proceeding under subdivision (e)(1) in which the former counsel
had represented a former client in a dissolution case that is
still pending, the former client may bring in his or her spouse
as a third-party defendant, provided on or before the final
date for filing a petition (or praecipe) under subsection (c),
the party files an appropriate third-party complaint under
Section 2-406 of the Code of Civil Procedure. In any such case,
any judgment later obtained by the former counsel shall be
against both spouses or ex-spouses, jointly and severally
(except that, if a hearing under subsection (j) of Section 503
has already been concluded and the court hearing the
contribution issue has imposed a percentage allocation between
the parties as to fees and costs otherwise being adjudicated in
the independent proceeding, the allocation shall be applied
without deviation by the court in the independent proceeding
and a separate judgment shall be entered against each spouse
for the appropriate amount). After the period for the
commencement of a proceeding under subsection (c), the
provisions of this Section (other than the standard set forth
in subdivision (c)(3) and the terms respecting consent security
arrangements in subsection (d) of this Section 508) shall be
inapplicable.
    The changes made by this amendatory Act of the 94th General
Assembly are declarative of existing law.
    (f) Unless the Supreme Court by rule addresses the matters
set out in this subsection (f), a written engagement agreement
within the scope of subdivision (c)(2) shall have appended to
it verbatim the following Statement: 
 
"STATEMENT OF CLIENT'S RIGHTS AND RESPONSIBILITIES
    (1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement
agreement, prepared by the counsel, shall clearly address the
objectives of representation and detail the fee arrangement,
including all material terms. If fees are to be based on
criteria apart from, or in addition to, hourly rates, such
criteria (e.g., unique time demands and/or utilization of
unique expertise) shall be delineated. The client shall receive
a copy of the written engagement agreement and any additional
clarification requested and is advised not to sign any such
agreement which the client finds to be unsatisfactory or does
not understand.
    (2) REPRESENTATION. Representation will commence upon the
signing of the written engagement agreement. The counsel will
provide competent representation, which requires legal
knowledge, skill, thoroughness and preparation to handle those
matters set forth in the written engagement agreement. Once
employed, the counsel will act with reasonable diligence and
promptness, as well as use his best efforts on behalf of the
client, but he cannot guarantee results. The counsel will abide
by the client's decision concerning the objectives of
representation, including whether or not to accept an offer of
settlement, and will endeavor to explain any matter to the
extent reasonably necessary to permit the client to make
informed decisions regarding representation. During the course
of representation and afterwards, the counsel may not use or
reveal a client's confidence or secrets, except as required or
permitted by law.
    (3) COMMUNICATION. The counsel will keep the client
reasonably informed about the status of representation and will
promptly respond to reasonable requests for information,
including any reasonable request for an estimate respecting
future costs of the representation or an appropriate portion of
it. The client shall be truthful in all discussions with the
counsel and provide all information or documentation required
to enable the counsel to provide competent representation.
During representation, the client is entitled to receive all
pleadings and substantive documents prepared on behalf of the
client and every document received from any other counsel of
record. At the end of the representation and on written request
from the client, the counsel will return to the client all
original documents and exhibits. In the event that the counsel
withdraws from representation, or is discharged by the client,
the counsel will turn over to the substituting counsel (or, if
no substitutions, to the client) all original documents and
exhibits together with complete copies of all pleadings and
discovery within thirty (30) days of the counsel's withdrawal
or discharge.
    (4) ETHICAL CONDUCT. The counsel cannot be required to
engage in conduct which is illegal, unethical, or fraudulent.
In matters involving minor children, the counsel may refuse to
engage in conduct which, in the counsel's professional
judgment, would be contrary to the best interest of the
client's minor child or children. A counsel who cannot
ethically abide by his client's directions shall be allowed to
withdraw from representation.
    (5) FEES. The counsel's fee for services may not be
contingent upon the securing of a dissolution of marriage or ,
upon being allocated parental responsibility obtaining
custody, or be based upon the amount of maintenance, child
support, or property settlement received, except as
specifically permitted under Supreme Court rules. The counsel
may not require a non-refundable retainer fee, but must remit
back any overpayment at the end of the representation. The
counsel may enter into a consensual security arrangement with
the client whereby assets of the client are pledged to secure
payment of legal fees or costs, but only if the counsel first
obtains approval of the Court. The counsel will prepare and
provide the client with an itemized billing statement detailing
hourly rates (and/or other criteria), time spent, tasks
performed, and costs incurred on a regular basis, at least
quarterly. The client should review each billing statement
promptly and address any objection or error in a timely manner.
The client will not be billed for time spent to explain or
correct a billing statement. If an appropriately detailed
written estimate is submitted to a client as to future costs
for a counsel's representation or a portion of the contemplated
services (i.e., relative to specific steps recommended by the
counsel in the estimate) and, without objection from the
client, the counsel then performs the contemplated services,
all such services are presumptively reasonable and necessary,
as well as to be deemed pursuant to the client's direction. In
an appropriate case, the client may pursue contribution to his
or her fees and costs from the other party.
    (6) DISPUTES. The counsel-client relationship is regulated
by the Illinois Rules of Professional Conduct (Article VIII of
the Illinois Supreme Court Rules), and any dispute shall be
reviewed under the terms of such Rules."
    (g) The changes to this Section 508 made by this amendatory
Act of 1996 apply to cases pending on or after June 1, 1997,
except as follows:
        (1) Subdivisions (c)(1) and (c)(2) of this Section 508,
    as well as provisions of subdivision (c)(3) of this Section
    508 pertaining to written engagement agreements, apply
    only to cases filed on or after June 1, 1997.
        (2) The following do not apply in the case of a hearing
    under this Section that began before June 1, 1997:
            (A) Subsection (c-1) of Section 501.
            (B) Subsection (j) of Section 503.
            (C) The changes to this Section 508 made by this
        amendatory Act of 1996 pertaining to the final setting
        of fees.
(Source: P.A. 96-583, eff. 1-1-10.) 
 
    (750 ILCS 5/509)  (from Ch. 40, par. 509)
    Sec. 509. Independence of Provisions of Judgment or
Temporary Order.) If a party fails to comply with a provision
of a judgment, order or injunction, the obligation of the other
party to make payments for support or maintenance or to permit
visitation or parenting time is not suspended; but he may move
the court to grant an appropriate order.
(Source: P.A. 80-923.) 
 
    (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.
    (a-5) An order for maintenance may be modified or
terminated only upon a showing of a substantial change in
circumstances. In all such proceedings, as well as in
proceedings in which maintenance is being reviewed, the court
shall consider the applicable factors set forth in subsection
(a) of Section 504 and the following factors:
        (1) any change in the employment status of either party
    and whether the change has been made in good faith;
        (2) the efforts, if any, made by the party receiving
    maintenance to become self-supporting, and the
    reasonableness of the efforts where they are appropriate;
        (3) any impairment of the present and future earning
    capacity of either party;
        (4) the tax consequences of the maintenance payments
    upon the respective economic circumstances of the parties;
        (5) the duration of the maintenance payments
    previously paid (and remaining to be paid) relative to the
    length of the marriage;
        (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) 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. A payor's obligation to pay
maintenance or unallocated maintenance terminates by operation
of law on the date the recipient remarries or the date the
court finds cohabitation began. The payor is entitled to
reimbursement for all maintenance paid from that date forward.
Any obligation of a payor party for premium payments respecting
insurance on such party's life imposed under subsection (f) of
Section 504 is also terminated on the occurrence of any of the
foregoing events, unless otherwise agreed by the parties. Any
termination of an obligation for maintenance as a result of the
death of the payor party, however, shall be inapplicable to any
right of the other party or such other party's designee to
receive a death benefit under such insurance on the payor
party's life. A party receiving maintenance must advise the
payor of his or her intention to marry 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 other party
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 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The time
within which a claim may be filed against the estate of a
decedent under Sections 505 and 513 and subsection (d) and this
subsection shall be governed by the provisions of the Probate
Act of 1975, as a barrable, noncontingent claim.
    (f) A petition to modify or terminate child support or
allocation of parental responsibilities , custody, or
visitation shall not delay any child support enforcement
litigation or supplementary proceeding on behalf of the
obligee, including, but not limited to, a petition for a rule
to show cause, for non-wage garnishment, or for a restraining
order.
(Source: P.A. 97-608, eff. 1-1-12.) 
 
    (750 ILCS 5/512)  (from Ch. 40, par. 512)
    Sec. 512. Post-Judgment Venue.) After 30 days from the
entry of a judgment of dissolution of marriage or legal
separation or the last modification thereof, any further
proceedings to enforce or modify the judgment shall be as
follows:
    (a) If the respondent does not then reside within this
State, further proceedings shall be had either in the judicial
circuit wherein the moving party resides or where the judgment
was entered or last modified.
    (b) If one or both of the parties then resides in the
judicial circuit wherein the judgment was entered or last
modified, further proceedings shall be had in the judicial
circuit that last exercised jurisdiction in the matter;
provided, however, that the court may in its discretion,
transfer matters involving a change in the allocation of
parental responsibility child custody to the judicial circuit
where the minor or dependent child resides.
    (c) If neither party then resides in the judicial circuit
wherein the judgment was entered or last modified, further
proceedings shall be had in that circuit or in the judicial
circuit wherein either party resides or where the respondent is
actively employed; provided, however, that the court may, in
its discretion, transfer matters involving a change in the
allocation of parental responsibility child custody to the
judicial circuit where the minor or dependent child resides.
    (d) Objection to venue is waived if not made within such
time as the respondent's answer is due. Counter relief shall be
heard and determined by the court hearing any matter already
pending.
(Source: P.A. 80-923.) 
 
    (750 ILCS 5/513)  (from Ch. 40, par. 513)
    Sec. 513. Educational Expenses Support for a Non-minor
Child Children and Educational Expenses.
    (a) The court may award sums of money out of the property
and income of either or both parties or the estate of a
deceased parent, as equity may require, for the educational
expenses support of any the child or children of the parties.
Unless otherwise agreed to by the parties, all educational
expenses which are the subject of a petition brought pursuant
to this Section shall be incurred no later than the student's
23rd birthday, except for good cause shown, but in no event
later than the child's 25th birthday.
    (b) Regardless of whether an award has been made under
subsection (a), the court may require both parties and the
child to complete the Free Application for Federal Student Aid
(FAFSA) and other financial aid forms and to submit any form of
that type prior to the designated submission deadline for the
form. The court may require either or both parties to provide
funds for the child so as to pay for the cost of up to 5 college
applications, the cost of 2 standardized college entrance
examinations, and the cost of one standardized college entrance
examination preparatory course.
    (c) The authority under this Section to make provision for
educational expenses extends not only to periods of college
education or vocational or professional or other training after
graduation from high school, but also to any period during
which the child of the parties is still attending high school,
even though he or she attained the age of 19.
    (d) Educational expenses may include, but shall not be
limited to, the following:
        (1) except for good cause shown, the actual cost of the
    child's post-secondary expenses, including tuition and
    fees, provided that the cost for tuition and fees does not
    exceed the amount of tuition and fees paid by a student at
    the University of Illinois at Urbana-Champaign for the same
    academic year;
        (2) except for good cause shown, the actual costs of
    the child's housing expenses, whether on-campus or
    off-campus, provided that the housing expenses do not
    exceed the cost for the same academic year of a
    double-occupancy student room, with a standard meal plan,
    in a residence hall operated by the University of Illinois
    at Urbana-Champaign;
        (3) the actual costs of the child's medical expenses,
    including medical insurance, and dental expenses;
        (4) the reasonable living expenses of the child during
    the academic year and periods of recess:
            (A) if the child is a resident student attending a
        post-secondary educational program; or
            (B) if the child is living with one party at that
        party's home and attending a post-secondary
        educational program as a non-resident student, in
        which case the living expenses include an amount that
        pays for the reasonable cost of the child's food,
        utilities, and transportation; and
        (5) the cost of books and other supplies necessary to
    attend college.
    (e) Sums may be ordered payable to the child, to either
party, or to the educational institution, directly or through a
special account or trust created for that purpose, as the court
sees fit.
    (f) If educational expenses are ordered payable, each party
and the child shall sign any consent necessary for the
educational institution to provide a supporting party with
access to the child's academic transcripts, records, and grade
reports. The consent shall not apply to any non-academic
records. Failure to execute the required consent may be a basis
for a modification or termination of any order entered under
this Section. Unless the court specifically finds that the
child's safety would be jeopardized, each party is entitled to
know the name of the educational institution the child attends.
    (g) The authority under this Section to make provision for
educational expenses terminates when the child either: fails to
maintain a cumulative "C" grade point average, except in the
event of illness or other good cause shown; attains the age of
23; receives a baccalaureate degree; or marries. A child's
enlisting in the armed forces, being incarcerated, or becoming
pregnant does not terminate the court's authority to make
provisions for the educational expenses for the child under
this Section.
    (h) An account established prior to the dissolution that is
to be used for the child's post-secondary education, that is an
account in a state tuition program under Section 529 of the
Internal Revenue Code, or that is some other college savings
plan, is to be considered by the court to be a resource of the
child, provided that any post-judgment contribution made by a
party to such an account is to be considered a contribution
from that party.
    (i) The child is not a third party beneficiary to the
settlement agreement or judgment between the parties after
trial and is not entitled to file a petition for contribution.
If the parties' settlement agreement describes the manner in
which a child's educational expenses will be paid, or if the
court makes an award pursuant to this Section, then the parties
are responsible pursuant to that agreement or award for the
child's educational expenses, but in no event shall the court
consider the child a third party beneficiary of that provision.
In the event of the death or legal disability of a party who
would have the right to file a petition for contribution, the
child of the party may file a petition for contribution.
who have attained majority in the following instances:
        (1) When the child is mentally or physically disabled
    and not otherwise emancipated, an application for support
    may be made before or after the child has attained
    majority.
        (2) The court may also make provision for the
    educational expenses of the child or children of the
    parties, whether of minor or majority age, and an
    application for educational expenses may be made before or
    after the child has attained majority, or after the death
    of either parent. The authority under this Section to make
    provision for educational expenses extends not only to
    periods of college education or professional or other
    training after graduation from high school, but also to any
    period during which the child of the parties is still
    attending high school, even though he or she attained the
    age of 19. The educational expenses may include, but shall
    not be limited to, room, board, dues, tuition,
    transportation, books, fees, registration and application
    costs, medical expenses including medical insurance,
    dental expenses, and living expenses during the school year
    and periods of recess, which sums may be ordered payable to
    the child, to either parent, or to the educational
    institution, directly or through a special account or trust
    created for that purpose, as the court sees fit.
        If educational expenses are ordered payable, each
    parent and the child shall sign any consents necessary for
    the educational institution to provide the supporting
    parent with access to the child's academic transcripts,
    records, and grade reports. The consents shall not apply to
    any non-academic records. Failure to execute the required
    consent may be a basis for a modification or termination of
    any order entered under this Section. Unless the court
    specifically finds that the child's safety would be
    jeopardized, each parent is entitled to know the name of
    the educational institution the child attends. This
    amendatory Act of the 95th General Assembly applies to all
    orders entered under this paragraph (2) on or after the
    effective date of this amendatory Act of the 95th General
    Assembly.
        The authority under this Section to make provision for
    educational expenses, except where the child is mentally or
    physically disabled and not otherwise emancipated,
    terminates when the child receives a baccalaureate degree.
    (j) (b) In making awards under this Section paragraph (1)
or (2) of subsection (a), or pursuant to a petition or motion
to decrease, modify, or terminate any such award, the court
shall consider all relevant factors that appear reasonable and
necessary, including:
        (1) The present and future financial resources of both
    parties to meet their needs, including, but not limited to,
    savings for retirement The financial resources of both
    parents.
        (2) The standard of living the child would have enjoyed
    had the marriage not been dissolved.
        (3) The financial resources of the child.
        (4) The child's academic performance.
    (k) The establishment of an obligation to pay under this
Section is retroactive only to the date of filing a petition.
The right to enforce a prior obligation to pay may be enforced
either before or after the obligation is incurred.
(Source: P.A. 95-954, eff. 8-29-08.) 
 
    (750 ILCS 5/513.5 new)
    Sec. 513.5. Support for a non-minor child with a
disability.
    (a) The court may award sums of money out of the property
and income of either or both parties or the estate of a
deceased parent, as equity may require, for the support of a
child of the parties who has attained majority when the child
is mentally or physically disabled and not otherwise
emancipated. The sums awarded may be paid to one of the
parents, to a trust created by the parties for the benefit of
the non-minor child with a disability, or irrevocably to a
special needs trust, established by the parties and for the
sole benefit of the non-minor child with a disability, pursuant
to subdivisions (d)(4)(A) or (d)(4)(C) of 42 U.S.C. 1396p,
Section 15.1 of the Trusts and Trustees Act, and applicable
provisions of the Social Security Administration Program
Operating Manual System. An application for support for a
non-minor disabled child may be made before or after the child
has attained majority. Unless an application for educational
expenses is made for a mentally or physically disabled child
under Section 513, the disability that is the basis for the
application for support must have arisen while the child was
eligible for support under Section 505 or 513 of this Act.
    (b) In making awards under this Section, or pursuant to a
petition or motion to decrease, modify, or terminate any such
award, the court shall consider all relevant factors that
appear reasonable and necessary, including:
        (1) the present and future financial resources of both
    parties to meet their needs, including, but not limited to,
    savings for retirement;
        (2) the standard of living the child would have enjoyed
    had the marriage not been dissolved. The court may consider
    factors that are just and equitable;
        (3) the financial resources of the child; and
        (4) any financial or other resource provided to or for
    the child including, but not limited to, any Supplemental
    Security Income, any home-based support provided pursuant
    to the Home-Based Support Services Law for Mentally
    Disabled Adults, and any other State, federal, or local
    benefit available to the non-minor disabled child.
    (c) As used in this Section:
    A "disabled" individual means an individual who has a
physical or mental impairment that substantially limits a major
life activity, has a record of such an impairment, or is
regarded as having such an impairment.
    "Disability" means a mental or physical impairment that
substantially limits a major life activity.
 
    (750 ILCS 5/Pt. VI heading)
PART VI
ALLOCATION OF PARENTAL RESPONSIBILITIES CUSTODY

 
    (750 ILCS 5/600 new)
    Sec. 600. Definitions. For purposes of this Part VI:
    (a) "Abuse" has the meaning ascribed to that term in
Section 103 of the Illinois Domestic Violence Act of 1986.
    (b) "Allocation judgment" means a judgment allocating
parental responsibilities.
    (c) "Caretaking functions" means tasks that involve
interaction with a child or that direct, arrange, and supervise
the interaction with and care of a child provided by others, or
for obtaining the resources allowing for the provision of these
functions. The term includes, but is not limited to, the
following:
        (1) satisfying a child's nutritional needs; managing a
    child's bedtime and wake-up routines; caring for a child
    when the child is sick or injured; being attentive to a
    child's personal hygiene needs, including washing,
    grooming, and dressing; playing with a child and ensuring
    the child attends scheduled extracurricular activities;
    protecting a child's physical safety; and providing
    transportation for a child;
        (2) directing a child's various developmental needs,
    including the acquisition of motor and language skills,
    toilet training, self-confidence, and maturation;
        (3) providing discipline, giving instruction in
    manners, assigning and supervising chores, and performing
    other tasks that attend to a child's needs for behavioral
    control and self-restraint;
        (4) ensuring the child attends school, including
    remedial and special services appropriate to the child's
    needs and interests, communicating with teachers and
    counselors, and supervising homework;
        (5) helping a child develop and maintain appropriate
    interpersonal relationships with peers, siblings, and
    other family members;
        (6) ensuring the child attends medical appointments
    and is available for medical follow-up and meeting the
    medical needs of the child in the home;
        (7) providing moral and ethical guidance for a child;
    and
        (8) arranging alternative care for a child by a family
    member, babysitter, or other child care provider or
    facility, including investigating such alternatives,
    communicating with providers, and supervising such care.
    (d) "Parental responsibilities" means both parenting time
and significant decision-making responsibilities with respect
to a child.
    (e) "Parenting time" means the time during which a parent
is responsible for exercising caretaking functions and
non-significant decision-making responsibilities with respect
to the child.
    (f) "Parenting plan" means a written agreement that
allocates significant decision-making responsibilities,
parenting time, or both.
    (g) "Relocation" means:
        (1) a change of residence from the child's current
    primary residence located in the county of Cook, DuPage,
    Kane, Lake, McHenry, or Will to a new residence within this
    State that is more than 25 miles from the child's current
    residence;
        (2) a change of residence from the child's current
    primary residence located in a county not listed in
    paragraph (1) to a new residence within this State that is
    more than 50 miles from the child's current primary
    residence; or
        (3) a change of residence from the child's current
    primary residence to a residence outside the borders of
    this State that is more than 25 miles from the current
    primary residence.
    (h) "Religious upbringing" means the choice of religion or
denomination of a religion, religious schooling, religious
training, or participation in religious customs or practices.
    (i) "Restriction of parenting time" means any limitation or
condition placed on parenting time, including supervision.
    (j) "Right of first refusal" has the meaning provided in
subsection (b) of Section 602.3 of this Act.
    (k) "Significant decision-making" means deciding issues of
long-term importance in the life of a child.
    (l) "Step-parent" means a person married to a child's
parent, including a person married to the child's parent
immediately prior to the parent's death.
    (m) "Supervision" means the presence of a third party
during a parent's exercise of parenting time.
 
    (750 ILCS 5/601.2 new)
    Sec. 601.2. Jurisdiction; commencement of proceeding.
    (a) A court of this State that is competent to allocate
parental responsibilities has jurisdiction to make such an
allocation in original or modification proceedings as provided
in Section 201 of the Uniform Child-Custody Jurisdiction and
Enforcement Act as adopted by this State.
    (b) A proceeding for allocation of parental
responsibilities with respect to a child is commenced in the
court:
        (1) by filing a petition for dissolution of marriage or
    legal separation or declaration of invalidity of marriage;
        (2) by filing a petition for allocation of parental
    responsibilities with respect to the child in the county in
    which the child resides;
        (3) by a person other than a parent, by filing a
    petition for allocation of parental responsibilities in
    the county in which the child is permanently resident or
    found, but only if he or she is not in the physical custody
    of one of his or her parents;
        (4) by a step-parent, by filing a petition, if all of
    the following circumstances are met:
            (A) the parent having the majority of parenting
        time is deceased or is disabled and cannot perform the
        duties of a parent to the child;
            (B) the step-parent provided for the care,
        control, and welfare of the child prior to the
        initiation of proceedings for allocation of parental
        responsibilities;
            (C) the child wishes to live with the step-parent;
        and
            (D) it is alleged to be in the best interests and
        welfare of the child to live with the step-parent as
        provided in Section 602.5 of this Act; or
        (5) when one of the parents is deceased, by a
    grandparent who is a parent or step-parent of a deceased
    parent, by filing a petition, if one or more of the
    following existed at the time of the parent's death:
            (A) the surviving parent had been absent from the
        marital abode for more than one month without the
        spouse knowing his or her whereabouts;
            (B) the surviving parent was in State or federal
        custody; or
            (C) the surviving parent had: (i) received
        supervision for or been convicted of any violation of
        Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
        11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,
        19-6, or Article 12 of the Criminal Code of 1961 or the
        Criminal Code of 2012 directed towards the deceased
        parent or the child; or (ii) received supervision or
        been convicted of violating an order of protection
        entered under Section 217, 218, or 219 of the Illinois
        Domestic Violence Act of 1986 for the protection of the
        deceased parent or the child.
    (c) When a proceeding for allocation of parental
responsibilities is commenced, the party commencing the action
must, at least 30 days before any hearing on the petition,
serve a written notice and a copy of the petition on the
child's parent, guardian, person currently allocated parental
responsibilities pursuant to subdivision (b)(4) or (b)(5) of
Section 601.2, and any person with a pending motion for
allocation of parental responsibilities with respect to the
child. Nothing in this Section shall preclude a party in a
proceeding for allocation of parental responsibilities from
moving for a temporary order under Section 603.5.
 
    (750 ILCS 5/602.3)
    Sec. 602.3. Care of minor children; right of first refusal.
    (a) If the court awards parenting time to both parents
joint custody under Section 602.1 or visitation rights under
Section 607 602.7 or 602.8, the court may consider, consistent
with the best interests interest of the child as defined in
Section 602.7 Section 602, whether to award to one or both of
the parties the right of first refusal to provide child care
for the minor child or children during the other parent's
normal parenting time, unless the need for child care is
attributable to an emergency.
    (b) As used in this Section, "right of first refusal" means
that if a party intends to leave the minor child or children
with a substitute child-care provider for a significant period
of time, that party must first offer the other party an
opportunity to personally care for the minor child or children.
The parties may agree to a right of first refusal that is
consistent with the best interests interest of the minor child
or children. If there is no agreement and the court determines
that a right of first refusal is in the best interests interest
of the minor child or children, the court shall consider and
make provisions in its order for:
        (1) the length and kind of child-care requirements
    invoking the right of first refusal;
        (2) notification to the other parent and for his or her
    response;
        (3) transportation requirements; and
        (4) any other action necessary to protect and promote
    the best interest of the minor child or children.
    (c) The right of first refusal may be enforced under
Section 607.5 607.1 of this Act.
    (d) The right of first refusal is terminated upon the
termination of the allocation of parental responsibilities or
parenting time custody or visitation rights.
(Source: P.A. 98-462, eff. 1-1-14.)
 
    (750 ILCS 5/602.5 new)
    Sec. 602.5. Allocation of parental responsibilities:
decision-making.
    (a) Generally. The court shall allocate decision-making
responsibilities according to the child's best interests.
Nothing in this Act requires that each parent be allocated
decision-making responsibilities.
    (b) Allocation of significant decision-making
responsibilities. Unless the parents otherwise agree in
writing on an allocation of significant decision-making
responsibilities, or the issue of the allocation of parental
responsibilities has been reserved under Section 401, the court
shall make the determination. The court shall allocate to one
or both of the parents the significant decision-making
responsibility for each significant issue affecting the child.
Those significant issues shall include, without limitation,
the following:
        (1) Education, including the choice of schools and
    tutors.
        (2) Health, including all decisions relating to the
    medical, dental, and psychological needs of the child and
    to the treatments arising or resulting from those needs.
        (3) Religion, subject to the following provisions:
            (A) The court shall allocate decision-making
        responsibility for the child's religious upbringing in
        accordance with any express or implied agreement
        between the parents.
            (B) The court shall consider evidence of the
        parents' past conduct as to the child's religious
        upbringing in allocating decision-making
        responsibilities consistent with demonstrated past
        conduct in the absence of an express or implied
        agreement between the parents.
            (C) The court shall not allocate any aspect of the
        child's religious upbringing if it determines that the
        parents do not or did not have an express or implied
        agreement for such religious upbringing or that there
        is insufficient evidence to demonstrate a course of
        conduct regarding the child's religious upbringing
        that could serve as a basis for any such order.
        (4) Extracurricular activities.
    (c) Determination of child's best interests. In
determining the child's best interests for purposes of
allocating significant decision-making responsibilities, the
court shall consider all relevant factors, including, without
limitation, the following:
        (1) the wishes of the child, taking into account the
    child's maturity and ability to express reasoned and
    independent preferences as to decision-making;
        (2) the child's adjustment to his or her home, school,
    and community;
        (3) the mental and physical health of all individuals
    involved;
        (4) the ability of the parents to cooperate to make
    decisions, or the level of conflict between the parties
    that may affect their ability to share decision-making;
        (5) the level of each parent's participation in past
    significant decision-making with respect to the child;
        (6) any prior agreement or course of conduct between
    the parents relating to decision-making with respect to the
    child;
        (7) the wishes of the parents;
        (8) the child's needs;
        (9) the distance between the parents' residences, the
    cost and difficulty of transporting the child, each
    parent's and the child's daily schedules, and the ability
    of the parents to cooperate in the arrangement;
        (10) whether a restriction on decision-making is
    appropriate under Section 603.10;
        (11) the willingness and ability of each parent to
    facilitate and encourage a close and continuing
    relationship between the other parent and the child;
        (12) the physical violence or threat of physical
    violence by the child's parent directed against the child;
        (13) the occurrence of abuse against the child or other
    member of the child's household;
        (14) whether one of the parents is a sex offender, and
    if so, the exact nature of the offense and what, if any,
    treatment in which the parent has successfully
    participated; and
        (15) any other factor that the court expressly finds to
    be relevant.
    (d) A parent shall have sole responsibility for making
routine decisions with respect to the child and for emergency
decisions affecting the child's health and safety during that
parent's parenting time.
    (e) In allocating significant decision-making
responsibilities, the court shall not consider conduct of a
parent that does not affect that parent's relationship to the
child.
 
    (750 ILCS 5/602.7 new)
    Sec. 602.7. Allocation of parental responsibilities:
parenting time.
    (a) Best interests. The court shall allocate parenting time
according to the child's best interests.
    (b) Allocation of parenting time. Unless the parents
present a mutually agreed written parenting plan and that plan
is approved by the court, the court shall allocate parenting
time. It is presumed both parents are fit and the court shall
not place any restrictions on parenting time as defined in
Section 600 and described in Section 603.10, unless it finds by
a preponderance of the evidence that a parent's exercise of
parenting time would seriously endanger the child's physical,
mental, moral, or emotional health.
    In determining the child's best interests for purposes of
allocating parenting time, the court shall consider all
relevant factors, including, without limitation, the
following:
        (1) the wishes of each parent seeking parenting time;
        (2) the wishes of the child, taking into account the
    child's maturity and ability to express reasoned and
    independent preferences as to parenting time;
        (3) the amount of time each parent spent performing
    caretaking functions with respect to the child in the 24
    months preceding the filing of any petition for allocation
    of parental responsibilities or, if the child is under 2
    years of age, since the child's birth;
        (4) any prior agreement or course of conduct between
    the parents relating to caretaking functions with respect
    to the child;
        (5) the interaction and interrelationship of the child
    with his or her parents and siblings and with any other
    person who may significantly affect the child's best
    interests;
        (6) the child's adjustment to his or her home, school,
    and community;
        (7) the mental and physical health of all individuals
    involved;
        (8) the child's needs;
        (9) the distance between the parents' residences, the
    cost and difficulty of transporting the child, each
    parent's and the child's daily schedules, and the ability
    of the parents to cooperate in the arrangement;
        (10) whether a restriction on parenting time is
    appropriate;
        (11) the physical violence or threat of physical
    violence by the child's parent directed against the child
    or other member of the child's household;
        (12) the willingness and ability of each parent to
    place the needs of the child ahead of his or her own needs;
        (13) the willingness and ability of each parent to
    facilitate and encourage a close and continuing
    relationship between the other parent and the child;
        (14) the occurrence of abuse against the child or other
    member of the child's household;
        (15) whether one of the parents is a convicted sex
    offender or lives with a convicted sex offender and, if so,
    the exact nature of the offense and what if any treatment
    the offender has successfully participated in; the parties
    are entitled to a hearing on the issues raised in this
    paragraph (15);
        (16) the terms of a parent's military family-care plan
    that a parent must complete before deployment if a parent
    is a member of the United States Armed Forces who is being
    deployed; and
        (17) any other factor that the court expressly finds to
    be relevant.
    (c) In allocating parenting time, the court shall not
consider conduct of a parent that does not affect that parent's
relationship to the child.
    (d) Upon motion, the court may allow a parent who is
deployed or who has orders to be deployed as a member of the
United States Armed Forces to designate a person known to the
child to exercise reasonable substitute visitation on behalf of
the deployed parent, if the court determines that substitute
visitation is in the best interests of the child. In
determining whether substitute visitation is in the best
interests of the child, the court shall consider all of the
relevant factors listed in subsection (b) of this Section and
apply those factors to the person designated as a substitute
for the deployed parent for visitation purposes. Visitation
orders entered under this subsection are subject to subsections
(e) and (f) of Section 602.9 and subsections (c) and (d) of
Section 603.10.
    (e) If the street address of a parent is not identified
pursuant to Section 708 of this Act, the court shall require
the parties to identify reasonable alternative arrangements
for parenting time by the other parent including, but not
limited to, parenting time of the minor child at the residence
of another person or at a local public or private facility.
 
    (750 ILCS 5/602.8 new)
    Sec. 602.8. Parenting time by parents not allocated
significant decision-making responsibilities.
    (a) A parent who has established parentage under the laws
of this State and who is not granted significant
decision-making responsibilities for a child is entitled to
reasonable parenting time with the child, subject to
subsections (d) and (e) of Section 603.10 of this Act, unless
the court finds, after a hearing, that the parenting time would
seriously endanger the child's mental, moral, or physical
health or significantly impair the child's emotional
development. The order setting forth parenting time shall be in
the child's best interests pursuant to the factors set forth in
subsection (b) of Section 602.7 of this Act.
    (b) The court may modify an order granting or denying
parenting time pursuant to Section 610.5 of this Act. The court
may restrict parenting time, and modify an order restricting
parenting time, pursuant to Section 603.10 of this Act.
    (c) If the street address of the parent allocated parental
responsibilities is not identified, pursuant to Section 708 of
this Act, the court shall require the parties to identify
reasonable alternative arrangements for parenting time by a
parent not allocated parental responsibilities, including but
not limited to parenting time of the minor child at the
residence of another person or at a local public or private
facility. 
 
    (750 ILCS 5/602.9 new)
    Sec. 602.9. Visitation by certain non-parents.
    (a) As used in this Section:
        (1) "electronic communication" means time that a
    grandparent, great-grandparent, sibling, or step-parent
    spends with a child during which the child is not in the
    person's actual physical custody, but which is facilitated
    by the use of communication tools such as the telephone,
    electronic mail, instant messaging, video conferencing or
    other wired or wireless technologies via the Internet, or
    another medium of communication;
        (2) "sibling" means a brother or sister either of the
    whole blood or the half blood, stepbrother, or stepsister
    of the minor child;
        (3) "step-parent" means a person married to a child's
    parent, including a person married to the child's parent
    immediately prior to the parent's death; and
        (4) "visitation" means in-person time spent between a
    child and the child's grandparent, great-grandparent,
    sibling, step-parent, or any person designated under
    subsection (d) of Section 602.7. In appropriate
    circumstances, visitation may include electronic
    communication under conditions and at times determined by
    the court.
    (b) General provisions.
        (1) An appropriate person, as identified in subsection
    (c) of this Section, may bring an action in circuit court
    by petition, or by filing a petition in a pending
    dissolution proceeding or any other proceeding that
    involves parental responsibilities or visitation issues
    regarding the child, requesting visitation with the child
    pursuant to this Section. If there is not a pending
    proceeding involving parental responsibilities or
    visitation with the child, the petition for visitation with
    the child must be filed in the county in which the child
    resides. Notice of the petition shall be given as provided
    in subsection (c) of Section 601.2 of this Act.
        (2) This Section does not apply to a child:
            (A) in whose interests a petition is pending under
        Section 2-13 of the Juvenile Court Act of 1987; or
            (B) in whose interests a petition to adopt by an
        unrelated person is pending under the Adoption Act; or
            (C) who has been voluntarily surrendered by the
        parent or parents, except for a surrender to the
        Department of Children and Family Services or a foster
        care facility; or
            (D) who has been previously adopted by an
        individual or individuals who are not related to the
        biological parents of the child or who is the subject
        of a pending adoption petition by an individual or
        individuals who are not related to the biological
        parents of the child; or
            (E) who has been relinquished pursuant to the
        Abandoned Newborn Infant Protection Act.
        (3) A petition for visitation may be filed under this
    Section only if there has been an unreasonable denial of
    visitation by a parent and the denial has caused the child
    undue mental, physical, or emotional harm.
        (4) There is a rebuttable presumption that a fit
    parent's actions and decisions regarding grandparent,
    great-grandparent, sibling, or step-parent visitation are
    not harmful to the child's mental, physical, or emotional
    health. The burden is on the party filing a petition under
    this Section to prove that the parent's actions and
    decisions regarding visitation will cause undue harm to the
    child's mental, physical, or emotional health.
        (5) In determining whether to grant visitation, the
    court shall consider the following:
            (A) the wishes of the child, taking into account
        the child's maturity and ability to express reasoned
        and independent preferences as to visitation;
            (B) the mental and physical health of the child;
            (C) the mental and physical health of the
        grandparent, great-grandparent, sibling, or
        step-parent;
            (D) the length and quality of the prior
        relationship between the child and the grandparent,
        great-grandparent, sibling, or step-parent;
            (E) the good faith of the party in filing the
        petition;
            (F) the good faith of the person denying
        visitation;
            (G) the quantity of the visitation time requested
        and the potential adverse impact that visitation would
        have on the child's customary activities;
            (H) any other fact that establishes that the loss
        of the relationship between the petitioner and the
        child is likely to unduly harm the child's mental,
        physical, or emotional health; and
            (I) whether visitation can be structured in a way
        to minimize the child's exposure to conflicts between
        the adults.
        (6) Any visitation rights granted under this Section
    before the filing of a petition for adoption of the child
    shall automatically terminate by operation of law upon the
    entry of an order terminating parental rights or granting
    the adoption of the child, whichever is earlier. If the
    person or persons who adopted the child are related to the
    child, as defined by Section 1 of the Adoption Act, any
    person who was related to the child as grandparent,
    great-grandparent, or sibling prior to the adoption shall
    have standing to bring an action under this Section
    requesting visitation with the child.
        (7) The court may order visitation rights for the
    grandparent, great-grandparent, sibling, or step-parent
    that include reasonable access without requiring overnight
    or possessory visitation.
    (c) Visitation by grandparents, great-grandparents,
step-parents, and siblings.
        (1) Grandparents, great-grandparents, step-parents,
    and siblings of a minor child who is one year old or older
    may bring a petition for visitation and electronic
    communication under this Section if there is an
    unreasonable denial of visitation by a parent that causes
    undue mental, physical, or emotional harm to the child and
    if at least one of the following conditions exists:
            (A) the child's other parent is deceased or has
        been missing for at least 90 days. For the purposes of
        this subsection a parent is considered to be missing if
        the parent's location has not been determined and the
        parent has been reported as missing to a law
        enforcement agency; or
            (B) a parent of the child is incompetent as a
        matter of law; or
            (C) a parent has been incarcerated in jail or
        prison for a period in excess of 90 days immediately
        prior to the filing of the petition; or
            (D) the child's parents have been granted a
        dissolution of marriage or have been legally separated
        from each other or there is pending a dissolution
        proceeding involving a parent of the child or another
        court proceeding involving parental responsibilities
        or visitation of the child (other than an adoption
        proceeding of an unrelated child, a proceeding under
        Article II of the Juvenile Court Act of 1987, or an
        action for an order of protection under the Illinois
        Domestic Violence Act of 1986 or Article 112A of the
        Code of Criminal Procedure of 1963) and at least one
        parent does not object to the grandparent,
        great-grandparent, step-parent, or sibling having
        visitation with the child. The visitation of the
        grandparent, great-grandparent, step-parent, or
        sibling must not diminish the parenting time of the
        parent who is not related to the grandparent,
        great-grandparent, step-parent, or sibling seeking
        visitation; or
            (E) the child is born to parents who are not
        married to each other, the parents are not living
        together, and the petitioner is a grandparent,
        great-grandparent, step-parent, or sibling of the
        child, and parentage has been established by a court of
        competent jurisdiction.
        (2) In addition to the factors set forth in subdivision
    (b)(5) of this Section, the court should consider:
            (A) whether the child resided with the petitioner
        for at least 6 consecutive months with or without a
        parent present;
            (B) whether the child had frequent and regular
        contact or visitation with the petitioner for at least
        12 consecutive months; and
            (C) whether the grandparent, great-grandparent,
        sibling, or step-parent was a primary caretaker of the
        child for a period of not less than 6 consecutive
        months within the 24-month period immediately
        preceding the commencement of the proceeding.
        (3) An order granting visitation privileges under this
    Section is subject to subsections (c) and (d) of Section
    603.10.
        (4) A petition for visitation privileges may not be
    filed pursuant to this subsection (c) by the parents or
    grandparents of a parent of the child if parentage between
    the child and the related parent has not been legally
    established.
    (d) Modification of visitation orders.
        (1) Unless by stipulation of the parties, no motion to
    modify a grandparent, great-grandparent, sibling, or
    step-parent visitation order may be made earlier than 2
    years after the date the order was filed, unless the court
    permits it to be made on the basis of affidavits that there
    is reason to believe the child's present environment may
    endanger seriously the child's mental, physical, or
    emotional health.
        (2) The court shall not modify an order that grants
    visitation to a grandparent, great-grandparent, sibling,
    or step-parent unless it finds by clear and convincing
    evidence, upon the basis of facts that have arisen since
    the prior visitation order or that were unknown to the
    court at the time of entry of the prior visitation order,
    that a change has occurred in the circumstances of the
    child or his or her parent, and that the modification is
    necessary to protect the mental, physical, or emotional
    health of the child. The court shall state in its decision
    specific findings of fact in support of its modification or
    termination of the grandparent, great-grandparent,
    sibling, or step-parent visitation. A child's parent may
    always petition to modify visitation upon changed
    circumstances when necessary to promote the child's best
    interests.
        (3) Notice of a motion requesting modification of a
    visitation order shall be provided as set forth in
    subsection (c) of Section 601.2 of this Act.
        (4) Attorney's fees and costs shall be assessed against
    a party seeking modification of the visitation order if the
    court finds that the modification action is vexatious and
    constitutes harassment.
    (e) No child's grandparent, great-grandparent, sibling, or
step-parent, or any person to whom the court is considering
granting visitation privileges pursuant to subsection (d) of
Section 602.7, who was convicted of any offense involving an
illegal sex act perpetrated upon a victim less than 18 years of
age including, but not limited to, offenses for violations of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
or Article 12 of the Criminal Code of 1961 or the Criminal Code
of 2012, is entitled to visitation while incarcerated or while
on parole, probation, conditional discharge, periodic
imprisonment, or mandatory supervised release for that
offense, and upon discharge from incarceration for a
misdemeanor offense or upon discharge from parole, probation,
conditional discharge, periodic imprisonment, or mandatory
supervised release for a felony offense. Visitation shall be
denied until the person successfully completes a treatment
program approved by the court. Upon completion of treatment,
the court may deny visitation based on the factors listed in
subdivision (b)(5) of Section 607 of this Act.
    (f) No child's grandparent, great-grandparent, sibling, or
step-parent, or any person to whom the court is considering
granting visitation privileges pursuant to subsection (d) of
Section 602.7, may be granted visitation if he or she has been
convicted of first degree murder of a parent, grandparent,
great-grandparent, or sibling of the child who is the subject
of the visitation request. Pursuant to a motion to modify
visitation, the court shall revoke visitation rights
previously granted to any person who would otherwise be
entitled to petition for visitation rights under this Section
or granted visitation under subsection (d) of Section 602.7, if
the person has been convicted of first degree murder of a
parent, grandparent, great-grandparent, or sibling of the
child who is the subject of the visitation order. Until an
order is entered pursuant to this subsection, no person may
visit, with the child present, a person who has been convicted
of first degree murder of the parent, grandparent,
great-grandparent, or sibling of the child without the consent
of the child's parent, other than a parent convicted of first
degree murder as set forth herein, or legal guardian. 
 
    (750 ILCS 5/602.10 new)
    Sec. 602.10. Parenting plan.
    (a) Filing of parenting plan. All parents, within 120 days
after service or filing of any petition for allocation of
parental responsibilities, must file with the court, either
jointly or separately, a proposed parenting plan. The time
period for filing a parenting plan may be extended by the court
for good cause shown.
    (b) No parenting plan filed. In the absence of filing of
one or more parenting plans, the court must conduct an
evidentiary hearing to allocate parental responsibilities.
    (c) Mediation. The court shall order mediation to assist
the parents in formulating or modifying a parenting plan or in
implementing a parenting plan unless the court determines that
impediments to mediation exist. Costs under this subsection
shall be allocated between the parties pursuant to the
applicable statute or Supreme Court Rule.
    (d) Parents' agreement on parenting plan. The parenting
plan must be in writing and signed by both parents. The parents
must submit the parenting plan to the court for approval within
120 days after service of a petition for allocation of parental
responsibilities or the filing of an appearance, except for
good cause shown. Notwithstanding the provisions above, the
parents may agree upon and submit a parenting plan at any time
after the commencement of a proceeding until prior to the entry
of a judgment of dissolution of marriage. The agreement is
binding upon the court unless it finds, after considering the
circumstances of the parties and any other relevant evidence
produced by the parties, that the agreement is unconscionable.
If the court does not approve the parenting plan, the court
shall make express findings of the reason or reasons for its
refusal to approve the plan. The court, on its own motion, may
conduct an evidentiary hearing to determine whether the
parenting plan is in the child's best interests.
    (e) Parents cannot agree on parenting plan. When parents
fail to submit an agreed parenting plan, each parent must file
and submit a written, signed parenting plan to the court within
120 days after the filing of an appearance, except for good
cause shown. The court's determination of parenting time should
be based on the child's best interests. The filing of the plan
may be excused by the court if:
        (1) the parties have commenced mediation for the
    purpose of formulating a parenting plan; or
        (2) the parents have agreed in writing to extend the
    time for filing a proposed plan and the court has approved
    such an extension; or
        (3) the court orders otherwise for good cause shown.
    (f) Parenting plan contents. At a minimum, a parenting plan
must set forth the following:
        (1) an allocation of significant decision-making
    responsibilities;
        (2) provisions for the child's living arrangements and
    for each parent's parenting time, including either:
            (A) a schedule that designates in which parent's
        home the minor child will reside on given days; or
            (B) a formula or method for determining such a
        schedule in sufficient detail to be enforced in a
        subsequent proceeding;
        (3) a mediation provision addressing any proposed
    reallocation of parenting time or regarding the terms of
    allocation of parental responsibilities, except that this
    provision is not required if one parent is allocated all
    significant decision-making responsibilities;
        (4) each parent's right of access to medical, dental,
    and psychological records (subject to the Mental Health and
    Developmental Disabilities Confidentiality Act), child
    care records, and school and extracurricular records,
    reports, and schedules, unless expressly denied by a court
    order or denied under subsection (g) of Section 602.5;
        (5) a designation of the parent who will be denominated
    as the parent with the majority of parenting time for
    purposes of Section 606.10;
        (6) the child's residential address for school
    enrollment purposes only;
        (7) each parent's residence address and phone number,
    and each parent's place of employment and employment
    address and phone number;
        (8) a requirement that a parent changing his or her
    residence provide at least 60 days prior written notice of
    the change to any other parent under the parenting plan or
    allocation judgment, unless such notice is impracticable
    or unless otherwise ordered by the court. If such notice is
    impracticable, written notice shall be given at the
    earliest date practicable. At a minimum, the notice shall
    set forth the following:
            (A) the intended date of the change of residence;
        and
            (B) the address of the new residence;
        (9) provisions requiring each parent to notify the
    other of emergencies, health care, travel plans, or other
    significant child-related issues;
        (10) transportation arrangements between the parents;
        (11) provisions for communications, including
    electronic communications, with the child during the other
    parent's parenting time;
        (12) provisions for resolving issues arising from a
    parent's future relocation, if applicable;
        (13) provisions for future modifications of the
    parenting plan, if specified events occur;
        (14) provisions for the exercise of the right of first
    refusal, if so desired, that are consistent with the best
    interests of the minor child; provisions in the plan for
    the exercise of the right of first refusal must include:
            (i) the length and kind of child-care requirements
        invoking the right of first refusal;
            (ii) notification to the other parent and for his
        or her response;
            (iii) transportation requirements; and
            (iv) any other provision related to the exercise of