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

Public Act 099-0090

SB0057 Enrolled LRB099 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 notwithstanding. Except 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 plan. A

spouse may overcome the The presumption that these pension

benefits are marital property is overcome by a showing through

clear and convincing evidence that the pension benefits were

acquired by a method listed in subsection (a) of this Section.

The right to a division of pension benefits in just proportions

under this Section is enforceable under Section 1-119 of the

Illinois Pension Code.

The value of pension benefits in a retirement system

subject to the Illinois Pension Code shall be determined in

accordance with the valuation procedures established by the

retirement system.

The recognition of pension benefits as marital property and

the division of those benefits pursuant to a Qualified Illinois

Domestic Relations Order shall not be deemed to be a

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 Children Percent of Supporting Party's Net Income 1 20% 2 28% 3 32%

4 40% 5 45% 6 or more 50%

(2) The above guidelines shall be applied in each case

unless the court finds that a deviation from the guidelines

is appropriate after considering the best interest of the

child in light of the evidence, including, but not limited

to, one or more of the following relevant factors:

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

(b) the financial resources and needs of the

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

the right of first refusal necessary to protect and

promote the best interests of the minor child; and

(15) any other provision that addresses the child's

best interests or that will otherwise facilitate

cooperation between the parents.

The personal information under items (6), (7), and (8) of

this subsection is not required if there is evidence of or the

parenting plan states that there is a history of domestic

violence or abuse, or it is shown that the release of the

information is not in the child's or parent's best interests.

(g) The court shall conduct a trial or hearing to determine

a plan which maximizes the child's relationship and access to

both parents and shall ensure that the access and the overall

plan are in the best interests of the child. The court shall

take the parenting plans into consideration when determining

parenting time and responsibilities at trial or hearing.

(h) The court may consider, consistent with the best

interests of the child as defined in Section 602.7 of this Act,

whether to award to one or both of the parties the right of

first refusal in accordance with Section 602.3 of this Act.

(750 ILCS 5/602.11 new)

Sec. 602.11. Access to health care, child care, and school

records by parents.

(a) Notwithstanding any other provision of law, access to

records and information pertaining to a child including, but

not limited to, medical, dental, child care, and school records

shall not be denied to a parent for the reason that such parent

has not been allocated parental responsibility. A parent who is

not allocated parenting time (not denied parental

responsibility) is not entitled to access to the child's school

or health care records unless a court finds that it is in the

child's best interests to provide those records to the parent.

(b) Health care professionals and health care providers

shall grant access to health care records and information

pertaining to a child to both parents, unless the health care

professional or health care provider receives a court order or

judgment that denies access to a specific individual. Except as

may be provided by court order, no parent who is a named

respondent in an order of protection issued pursuant to the

Illinois Domestic Violence Act of 1986 or the Code of Criminal

Procedure of 1963 shall have access to the health care records

of a child who is a protected person under the order of

protection provided the health care professional or health care

provider has received a copy of the order of protection. Access

to health care records is denied under this Section for as long

as the order of protection remains in effect as specified in

the order of protection or as otherwise determined by court

order.

(750 ILCS 5/603.5 new)

Sec. 603.5. Temporary orders.

(a) A court may order a temporary allocation of parental

responsibilities in the child's best interests before the entry

of a final allocation judgment. Any temporary allocation shall

be made in accordance with the standards set forth in Sections

602.5 and 602.7: (i) after a hearing; or (ii) if there is no

objection, on the basis of a parenting plan that, at a minimum,

complies with subsection (f) of Section 602.10.

(b) A temporary order allocating parental responsibilities

shall be deemed vacated when the action in which it was granted

is dismissed, unless a parent moves to continue the action for

allocation of parental responsibilities filed under Section

601.5.

(750 ILCS 5/603.10 new)

Sec. 603.10. Restriction of parental responsibilities.

(a) After a hearing, if the court finds by a preponderance

of the evidence that a parent engaged in any conduct that

seriously endangered the child's mental, moral, or physical

health or that significantly impaired the child's emotional

development, the court shall enter orders as necessary to

protect the child. Such orders may include, but are not limited

to, orders for one or more of the following:

(1) a reduction, elimination, or other adjustment of

the parent's decision-making responsibilities or parenting

time, or both decision-making responsibilities and

parenting time;

(2) supervision, including ordering the Department of

Children and Family Services to exercise continuing

supervision under Section 5 of the Children and Family

Services Act;

(3) requiring the exchange of the child between the

parents through an intermediary or in a protected setting;

(4) restraining a parent's communication with or

proximity to the other parent or the child;

(5) requiring a parent to abstain from possessing or

consuming alcohol or non-prescribed drugs while exercising

parenting time with the child and within a specified period

immediately preceding the exercise of parenting time;

(6) restricting the presence of specific persons while

a parent is exercising parenting time with the child;

(7) requiring a parent to post a bond to secure the

return of the child following the parent's exercise of

parenting time or to secure other performance required by

the court;

(8) requiring a parent to complete a treatment program

for perpetrators of abuse, for drug or alcohol abuse, or

for other behavior that is the basis for restricting

parental responsibilities under this Section; and

(9) any other constraints or conditions that the court

deems necessary to provide for the child's safety or

welfare.

(b) The court may modify an order restricting parental

responsibilities if, after a hearing, the court finds by a

preponderance of the evidence that a modification is in the

child's best interests based on (i) a change of circumstances

that occurred after the entry of an order restricting parental

responsibilities; or (ii) conduct of which the court was

previously unaware that seriously endangers the child. In

determining whether to modify an order under this subsection,

the court must consider factors that include, but need not be

limited to, the following:

(1) abuse, neglect, or abandonment of the child;

(2) abusing or allowing abuse of another person that

had an impact upon the child;

(3) use of drugs, alcohol, or any other substance in a

way that interferes with the parent's ability to perform

caretaking functions with respect to the child; and

(4) persistent continuing interference with the other

parent's access to the child, except for actions taken with

a reasonable, good-faith belief that they are necessary to

protect the child's safety pending adjudication of the

facts underlying that belief, provided that the

interfering parent initiates a proceeding to determine

those facts as soon as practicable.

(c) An order granting parenting time to a parent or

visitation to another person may be revoked by the court if

that parent or other person is found to have knowingly used his

or her parenting time or visitation to facilitate contact

between the child and a parent who has been barred from contact

with the child or to have knowingly used his or her parenting

time or visitation to facilitate contact with the child that

violates any restrictions imposed on a parent's parenting time

by a court of competent jurisdiction. Nothing in this

subsection limits a court's authority to enforce its orders in

any other manner authorized by law.

(d) If parenting time of a parent is restricted, an order

granting visitation to a non-parent with a child or an order

granting parenting time to the other parent shall contain the

following language:

"If a person granted parenting time or visitation under

this order uses that time to facilitate contact between the

child and a parent whose parenting time is restricted, or

if such a person violates any restrictions placed on

parenting time or visitation by the court, the parenting

time or visitation granted under this order shall be

revoked until further order of court."

(e) A parent who, after a hearing, is determined by the

court to have been convicted of any offense involving an

illegal sex act perpetrated upon a victim less than 18 years of

age, including but not limited to an offense under Article 11

of the Criminal Code of 2012, is not entitled to parenting time

while incarcerated or while on parole, probation, conditional

discharge, periodic imprisonment, or mandatory supervised

release for a felony offense, until the parent complies with

such terms and conditions as the court determines are in the

child's best interests, taking into account the exact nature of

the offense and what, if any, treatment in which the parent

successfully participated.

(f) A parent may not, while the child is present, visit any

person granted visitation or parenting time who has been

convicted of first degree murder, unless the court finds, after

considering all relevant factors, including those set forth in

subsection (b) of Section 602.7, that it would be in the

child's best interests to allow the child to be present during

such a visit.

(750 ILCS 5/604.10 new)

Sec. 604.10. Interviews; evaluations; investigation.

(a) Court's interview of child. The court may interview the

child in chambers to ascertain the child's wishes as to the

allocation of parental responsibilities. Counsel shall be

present at the interview unless otherwise agreed upon by the

parties. The entire interview shall be recorded by a court

reporter. The transcript of the interview shall be filed under

seal and released only upon order of the court. The cost of the

court reporter and transcript shall be paid by the court.

(b) Court's professional. The court may seek the advice of

any professional, whether or not regularly employed by the

court, to assist the court in determining the child's best

interests. The advice to the court shall be in writing and sent

by the professional to counsel for the parties and to the

court, under seal. The writing may be admitted into evidence

without testimony from its author, unless a party objects. A

professional consulted by the court shall testify as the

court's witness and be subject to cross-examination. The court

shall order all costs and fees of the professional to be paid

by one or more of the parties, subject to reallocation in

accordance with subsection (a) of Section 508.

The professional's report must, at a minimum, set forth the

following:

(1) a description of the procedures employed during the

evaluation;

(2) a report of the data collected;

(3) all test results;

(4) any conclusions of the professional relating to the

allocation of parental responsibilities under Sections

602.5 and 602.7;

(5) any recommendations of the professional concerning

the allocation of parental responsibilities or the child's

relocation; and

(6) an explanation of any limitations in the evaluation

or any reservations of the professional regarding the

resulting recommendations.

The professional shall send his or her report to all

attorneys of record, and to any party not represented, at least

60 days before the hearing on the allocation of parental

responsibilities. The court shall examine and consider the

professional's report only after it has been admitted into

evidence or after the parties have waived their right to

cross-examine the professional.

(c) Evaluation by a party's retained professional. In a

proceeding to allocate parental responsibilities or to

relocate a child, upon notice and motion made by a parent or

any party to the litigation within a reasonable time before

trial, the court shall order an evaluation to assist the court

in determining the child's best interests unless the court

finds that an evaluation under this Section is untimely or not

in the best interests of the child. The evaluation may be in

place of or in addition to any advice given to the court by a

professional under subsection (b). A motion for an evaluation

under this subsection must, at a minimum, identify the proposed

evaluator and the evaluator's specialty or discipline. An order

for an evaluation under this subsection must set forth the

evaluator's name, address, and telephone number and the time,

place, conditions, and scope of the evaluation. No person shall

be required to travel an unreasonable distance for the

evaluation. The party requesting the evaluation shall pay the

evaluator's fees and costs unless otherwise ordered by the

court.

The evaluator's report must, at a minimum, set forth the

following:

(1) a description of the procedures employed during the

evaluation;

(2) a report of the data collected;

(3) all test results;

(4) any conclusions of the evaluator relating to the

allocation of parental responsibilities under Sections

602.5 and 602.7;

(5) any recommendations of the evaluator concerning

the allocation of parental responsibilities or the child's

relocation; and

(6) an explanation of any limitations in the evaluation

or any reservations of the evaluator regarding the

resulting recommendations.

A party who retains a professional to conduct an evaluation

under this subsection shall cause the evaluator's written

report to be sent to the attorneys of record no less than 60

days before the hearing on the allocation of parental

responsibilities, unless otherwise ordered by the court; if a

party fails to comply with this provision, the court may not

admit the evaluator's report into evidence and may not allow

the evaluator to testify.

The party calling an evaluator to testify at trial shall

disclose the evaluator as a controlled expert witness in

accordance with the Supreme Court Rules.

Any party to the litigation may call the evaluator as a

witness. That party shall pay the evaluator's fees and costs

for testifying, unless otherwise ordered by the court.

(d) Investigation. Upon notice and a motion by a parent or

any party to the litigation, or upon the court's own motion,

the court may order an investigation and report to assist the

court in allocating parental responsibilities. The

investigation may be made by any agency, private entity, or

individual deemed appropriate by the court. The agency, private

entity, or individual appointed by the court must have

expertise in the area of allocation of parental

responsibilities. The court shall specify the purpose and scope

of the investigation.

The investigator's report must, at a minimum, set forth the

following:

(1) a description of the procedures employed during the

investigation;

(2) a report of the data collected;

(3) all test results;

(4) any conclusions of the investigator relating to the

allocation of parental responsibilities under Sections

602.5 and 602.7;

(5) any recommendations of the investigator concerning

the allocation of parental responsibilities or the child's

relocation; and

(6) an explanation of any limitations in the

investigation or any reservations of the investigator

regarding the resulting recommendations.

The investigator shall send his or her report to all

attorneys of record, and to any party not represented, at least

60 days before the hearing on the allocation of parental

responsibilities. The court shall examine and consider the

investigator's report only after it has been admitted into

evidence or after the parties have waived their right to

cross-examine the investigator.

The investigator shall make available to all attorneys of

record, and to any party not represented, the investigator's

file, and the names and addresses of all persons whom the

investigator has consulted, except that if such disclosure

would risk abuse to the party or any member of the party's

immediate family or household or reveal the confidential

address of a shelter for domestic violence victims, that

address may be omitted from the report. Any party to the

proceeding may call the investigator, or any person consulted

by the investigator as a court's witness, for

cross-examination. No fees shall be paid for any investigation

by a governmental agency. The fees incurred by any other

investigator shall be allocated in accordance with Section 508.

(750 ILCS 5/606.5 new)

Sec. 606.5. Hearings.

(a) Proceedings to allocate parental responsibilities

shall receive priority in being set for hearing.

(b) The court, without a jury, shall determine questions of

law and fact.

(c) Previous statements made by the child relating to any

allegations that the child is an abused or neglected child

within the meaning of the Abused and Neglected Child Reporting

Act, or an abused or neglected minor within the meaning of the

Juvenile Court Act of 1987, shall be admissible in evidence in

a hearing concerning allocation of parental responsibilities

in accordance with Section 11.1 of the Abused and Neglected

Child Reporting Act. No such statement, however, if

uncorroborated and not subject to cross-examination, shall be

sufficient in itself to support a finding of abuse or neglect.

(d) If the court finds that a public hearing may be

detrimental to the child's best interests, the court shall

exclude the public from the hearing, but the court may admit

any person having:

(1) a direct and legitimate interest in the case; or

(2) a legitimate educational or research interest in

the work of the court, but only with the permission of both

parties and subject to court approval.

(e) The court may make an appropriate order sealing the

records of any interview, report, investigation, or testimony.

(750 ILCS 5/606.10 new)

Sec. 606.10. Designation of custodian for purposes of other

statutes. Solely for the purposes of all State and federal

statutes that require a designation or determination of custody

or a custodian, a parenting plan shall designate the parent who

is allocated the majority of parenting time. This designation

shall not affect parents' rights and responsibilities under the

parenting plan. For purposes of Section 10-20.12b of the School

Code only, the parent with the majority of parenting time is

considered to have legal custody.

(750 ILCS 5/607.5 new)

Sec. 607.5. Abuse of allocated parenting time.

(a) The court shall provide an expedited procedure for the

enforcement of allocated parenting time.

(b) An action for the enforcement of allocated parenting

time may be commenced by a parent or a person appointed under

Section 506 by filing a petition setting forth: (i) the

petitioner's name and residence address or mailing address,

except that if the petition states that disclosure of

petitioner's address would risk abuse of petitioner or any

member of petitioner's family or household or reveal the

confidential address of a shelter for domestic violence

victims, that address may be omitted from the petition; (ii)

the respondent's name and place of residence, place of

employment, or mailing address; (iii) the terms of the

parenting plan or allocation judgment then in effect; (iv) the

nature of the violation of the allocation of parenting time,

giving dates and other relevant information; and (v) that a

reasonable attempt was made to resolve the dispute.

(c) If the court finds by a preponderance of the evidence

that a parent has not complied with allocated parenting time

according to an approved parenting plan or a court order, the

court, in the child's best interests, shall issue an order that

may include one or more of the following:

(1) an imposition of additional terms and conditions

consistent with the court's previous allocation of

parenting time or other order;

(2) a requirement that either or both of the parties

attend a parental education program at the expense of the

non-complying parent;

(3) upon consideration of all relevant factors,

particularly a history or possibility of domestic

violence, a requirement that the parties participate in

family or individual counseling, the expense of which shall

be allocated by the court;

(4) a requirement that the non-complying parent post a

cash bond or other security to ensure future compliance,

including a provision that the bond or other security may

be forfeited to the other parent for payment of expenses on

behalf of the child as the court shall direct;

(5) a requirement that makeup parenting time be

provided for the aggrieved parent or child under the

following conditions:

(A) that the parenting time is of the same type and

duration as the parenting time that was denied,

including but not limited to parenting time during

weekends, on holidays, and on weekdays and during times

when the child is not in school;

(B) that the parenting time is made up within 6

months after the noncompliance occurs, unless the

period of time or holiday cannot be made up within 6

months, in which case the parenting time shall be made

up within one year after the noncompliance occurs;

(6) a finding that the non-complying parent is in

contempt of court;

(7) an imposition on the non-complying parent of an

appropriate civil fine per incident of denied parenting

time;

(8) a requirement that the non-complying parent

reimburse the other parent for all reasonable expenses

incurred as a result of the violation of the parenting plan

or court order; and

(9) any other provision that may promote the child's

best interests.

(d) In addition to any other order entered under subsection

(c), except for good cause shown, the court shall order a

parent who has failed to provide allocated parenting time or to

exercise allocated parenting time to pay the aggrieved party

his or her reasonable attorney's fees, court costs, and

expenses associated with an action brought under this Section.

If the court finds that the respondent in an action brought

under this Section has not violated the allocated parenting

time, the court may order the petitioner to pay the

respondent's reasonable attorney's fees, court costs, and

expenses incurred in the action.

(e) Nothing in this Section precludes a party from

maintaining any other action as provided by law.

(f) When the court issues an order holding a party in

contempt for violation of a parenting time order and finds that

the party engaged in parenting time abuse, the court may order

one or more of the following:

(1) Suspension of a party's Illinois driving

privileges pursuant to Section 7-703 of the Illinois

Vehicle Code until the court determines that the party is

in compliance with the parenting time order. The court may

also order that a party be issued a family financial

responsibility driving permit that would allow limited

driving privileges for employment, for medical purposes,

and to transport a child to or from scheduled parenting

time in order to comply with a parenting time order in

accordance with subsection (a-1) of Section 7-702.1 of the

Illinois Vehicle Code.

(2) Placement of a party on probation with such

conditions of probation as the court deems advisable.

(3) Sentencing of a party to periodic imprisonment for

a period not to exceed 6 months; provided, that the court

may permit the party 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.

(4) Find that a party in engaging in parenting time

abuse is guilty of a petty offense and should be fined an

amount of no more than $500 for each finding of parenting

time abuse.

(g) When the court issues an order holding a party in

contempt of court for violation of a parenting order, the clerk

shall transmit a copy of the contempt order to the sheriff of

the county. The sheriff shall furnish a copy of each contempt

order to the Department of State Police on a daily basis in the

form and manner required by the Department. The Department

shall maintain a complete record and index of the contempt

orders and make this data available to all local law

enforcement agencies.

(h) Nothing contained in this Section shall be construed to

limit the court's contempt power.

(750 ILCS 5/609.2 new)

Sec. 609.2. Parent's relocation.

(a) A parent's relocation constitutes a substantial change

in circumstances for purposes of Section 610.5.

(b) A parent who has been allocated a majority of parenting

time or either parent who has been allocated equal parenting

time may seek to relocate with a child.

(c) A parent intending a relocation, as that term is

defined in paragraph (1), (2), or (3) of subsection (g) of

Section 600 of this Act, must provide written notice of the

relocation to the other parent under the parenting plan or

allocation judgment. A copy of the notice required under this

Section shall be filed with the clerk of the circuit court. The

court may waive or seal some or all of the information required

in the notice if there is a history of domestic violence.

(d) The notice must provide at least 60 days' written

notice before the relocation unless such notice is

impracticable (in which case written notice shall be given at

the earliest date practicable) or unless otherwise ordered by

the court. At a minimum, the notice must set forth the

following:

(1) the intended date of the parent's relocation;

(2) the address of the parent's intended new residence,

if known; and

(3) the length of time the relocation will last, if the

relocation is not for an indefinite or permanent period.

The court may consider a parent's failure to comply with

the notice requirements of this Section without good cause (i)

as a factor in determining whether the parent's relocation is

in good faith; and (ii) as a basis for awarding reasonable

attorney's fees and costs resulting from the parent's failure

to comply with these provisions.

(e) If the non-relocating parent signs the notice that was

provided pursuant to subsection (c) and the relocating parent

files the notice with the court, relocation shall be allowed

without any further court action. The court shall modify the

parenting plan or allocation judgment to accommodate a parent's

relocation as agreed by the parents, as long as the agreed

modification is in the child's best interests.

(f) If the non-relocating parent objects to the relocation,

fails to sign the notice provided under subsection (c), or the

parents cannot agree on modification of the parenting plan or

allocation judgment, the parent seeking relocation must file a

petition seeking permission to relocate.

(g) The court shall modify the parenting plan or allocation

judgment in accordance with the child's best interests. The

court shall consider the following factors:

(1) the circumstances and reasons for the intended

relocation;

(2) the reasons, if any, why a parent is objecting to

the intended relocation;

(3) the history and quality of each parent's

relationship with the child and specifically whether a

parent has substantially failed or refused to exercise the

parental responsibilities allocated to him or her under the

parenting plan or allocation judgment;

(4) the educational opportunities for the child at the

existing location and at the proposed new location;

(5) the presence or absence of extended family at the

existing location and at the proposed new location;

(6) the anticipated impact of the relocation on the

child;

(7) whether the court will be able to fashion a

reasonable allocation of parental responsibilities between

all parents if the relocation occurs;

(8) the wishes of the child, taking into account the

child's maturity and ability to express reasoned and

independent preferences as to relocation;

(9) possible arrangements for the exercise of parental

responsibilities appropriate to the parents' resources and

circumstances and the developmental level of the child;

(10) minimization of the impairment to a parent-child

relationship caused by a parent's relocation; and

(11) any other relevant factors bearing on the child's

best interests.

(h) If a parent moves with the child 25 miles or less from

the child's current primary residence to a new primary

residence outside Illinois, Illinois continues to be the home

state of the child under subsection (c) of Section 202 of the

Uniform Child-Custody Jurisdiction and Enforcement Act. Any

subsequent move from the new primary residence outside Illinois

greater than 25 miles from the child's original primary

residence in Illinois must be in compliance with the provisions

of this Section.

(750 ILCS 5/610.5 new)

Sec. 610.5. Modification.

(a) Unless by stipulation of the parties or except as

provided in subsection (b) of this Section or Section 603.10 of

this Act, no motion to modify an order allocating parental

responsibilities may be made earlier than 2 years after its

date, 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 his or her mental, moral, or

physical health or significantly impair the child's emotional

development.

(b) A motion to modify an order allocating parental

responsibilities may be made at any time by a party who has

been informed of the existence of facts requiring notice to be

given under Section 609.5 of this Act.

(c) Except in a case concerning the modification of any

restriction of parental responsibilities under Section 603.10,

the court shall modify a parenting plan or allocation judgment

when necessary to serve the child's best interests if the court

finds, by a preponderance of the evidence, that on the basis of

facts that have arisen since the entry of the existing

parenting plan or allocation judgment or were not anticipated

therein, a substantial change has occurred in the circumstances

of the child or of either parent and that a modification is

necessary to serve the child's best interests.

(d) The court shall modify a parenting plan or allocation

judgment in accordance with a parental agreement, unless it

finds that the modification is not in the child's best

interests.

(e) The court may modify a parenting plan or allocation

judgment without a showing of changed circumstances if (i) the

modification is in the child's best interests; and (ii) any of

the following are proven as to the modification:

(1) the modification reflects the actual arrangement

under which the child has been receiving care, without

parental objection, for the 6 months preceding the filing

of the petition for modification, provided that the

arrangement is not the result of a parent's acquiescence

resulting from circumstances that negated the parent's

ability to give meaningful consent;

(2) the modification constitutes a minor modification

in the parenting plan or allocation judgment;

(3) the modification is necessary to modify an agreed

parenting plan or allocation judgment that the court would

not have ordered or approved under Section 602.5 or 602.7

had the court been aware of the circumstances at the time

of the order or approval; or

(4) the parties agree to the modification.

(f) Attorney's fees and costs shall be assessed against a

party seeking modification if the court finds that the

modification action is vexatious or constitutes harassment. If

the court finds that a parent has repeatedly filed frivolous

motions for modification, the court may bar the parent from

filing a motion for modification for a period of time.

(750 ILCS 5/801)  (from Ch. 40, par. 801)

Sec. 801. Application.)

(a) This Act applies to all proceedings commenced on or

after its effective date.

(b) This Act applies to all pending actions and proceedings

commenced prior to its effective date with respect to issues on

which a judgment has not been entered. Evidence adduced after

the effective date of this Act shall be in compliance with this

Act.

(c) This Act applies to all proceedings commenced after its

effective date for the modification of a judgment or order

entered prior to the effective date of this Act. Alimony in

gross or settlements in lieu of alimony provided for in

judgments entered prior to October 1, 1977 shall not be

modifiable or terminable as maintenance thereafter.

(d) In any action or proceeding in which an appeal was

pending or a new trial was ordered prior to the effective date

of this Act, the law in effect at the time of the order

sustaining the appeal or the new trial governs the appeal, the

new trial, and any subsequent trial or appeal.

(e) On and after the effective date of this amendatory Act

of the 99th General Assembly, the term "parenting time" is used

in place of "visitation" with respect to time during which a

parent is responsible for exercising caretaking functions and

non-significant decision-making responsibilities concerning

the child. On and after the effective date of this amendatory

Act of the 99th General Assembly, the term "parental

responsibility" is used in place of "custody" and related terms

such as "custodial" and "custodian". It is not the intent of

the General Assembly to modify or change the rights arising

under any order entered concerning custody or visitation prior

to the effective date of this amendatory Act of the 99th

General Assembly.

(Source: P.A. 82-566.)

(750 ILCS 5/406 rep.)

(750 ILCS 5/407 rep.)

(750 ILCS 5/408 rep.)

(750 ILCS 5/412 rep.)

(750 ILCS 5/514 rep.)

(750 ILCS 5/515 rep.)

(750 ILCS 5/516 rep.)

(750 ILCS 5/517 rep.)

(750 ILCS 5/601 rep.)

(750 ILCS 5/601.5 rep.)

(750 ILCS 5/602 rep.)

(750 ILCS 5/602.1 rep.)

(750 ILCS 5/603 rep.)

(750 ILCS 5/604 rep.)

(750 ILCS 5/604.5 rep.)

(750 ILCS 5/605 rep.)

(750 ILCS 5/606 rep.)

(750 ILCS 5/607 rep.)

(750 ILCS 5/607.1 rep.)

(750 ILCS 5/608 rep.)

(750 ILCS 5/609 rep.)

(750 ILCS 5/610 rep.)

(750 ILCS 5/611 rep.)

(750 ILCS 5/701 rep.)

(750 ILCS 5/703 rep.)

Section 5-20. The Illinois Marriage and Dissolution of

Marriage Act is amended by repealing Sections 406, 407, 408,

412, 514, 515, 516, 517, 601, 601.5, 602, 602.1, 603, 604,

604.5, 605, 606, 607, 607.1, 608, 609, 610, 611, 701, and 703.

Section 5-23. The Uniform Child-Custody Jurisdiction and

Enforcement Act is amended by changing Section 202 as follows:

(750 ILCS 36/202)

Sec. 202. Exclusive, Continuing Jurisdiction.

(a) Except as otherwise provided in Section 204, a court of

this State which has made a child-custody determination

consistent with Section 201 or 203 has exclusive, continuing

jurisdiction over the determination until:

(1) a court of this State determines that neither the

child, the child's parents, and any person acting as a

parent do not have a significant connection with this State

and that substantial evidence is no longer available in

this State concerning the child's care, protection,

training, and personal relationships; or

(2) a court of this State or a court of another state

determines that the child, the child's parents, and any

person acting as a parent do not presently reside in this

State.

(b) A court of this State which has made a child-custody

determination and does not have exclusive, continuing

jurisdiction under this Section may modify that determination

only if it has jurisdiction to make an initial determination

under Section 201.

(c) A court of this State shall continue to exercise

exclusive jurisdiction and be considered the home state of a

child if a parent moves with a child under subsection (h) of

Section 609.2 of the Illinois Marriage and Dissolution of

Marriage Act.

(Source: P.A. 93-108, eff. 1-1-04.)

Section 5-25. The Illinois Domestic Violence Act of 1986 is

amended by changing Sections 214 and 223 as follows:

(750 ILCS 60/214)  (from Ch. 40, par. 2312-14)

Sec. 214. Order of protection; remedies.

(a) Issuance of order. If the court finds that petitioner

has been abused by a family or household member or that

petitioner is a high-risk adult who has been abused, neglected,

or exploited, as defined in this Act, an order of protection

prohibiting the abuse, neglect, or exploitation shall issue;

provided that petitioner must also satisfy the requirements of

one of the following Sections, as appropriate: Section 217 on

emergency orders, Section 218 on interim orders, or Section 219

on plenary orders. Petitioner shall not be denied an order of

protection because petitioner or respondent is a minor. The

court, when determining whether or not to issue an order of

protection, shall not require physical manifestations of abuse

on the person of the victim. Modification and extension of

prior orders of protection shall be in accordance with this

Act.

(b) Remedies and standards. The remedies to be included in

an order of protection shall be determined in accordance with

this Section and one of the following Sections, as appropriate:

Section 217 on emergency orders, Section 218 on interim orders,

and Section 219 on plenary orders. The remedies listed in this

subsection shall be in addition to other civil or criminal

remedies available to petitioner.

(1) Prohibition of abuse, neglect, or exploitation.

Prohibit respondent's harassment, interference with

personal liberty, intimidation of a dependent, physical

abuse, or willful deprivation, neglect or exploitation, as

defined in this Act, or stalking of the petitioner, as

defined in Section 12-7.3 of the Criminal Code of 2012, if

such abuse, neglect, exploitation, or stalking has

occurred or otherwise appears likely to occur if not

prohibited.

(2) Grant of exclusive possession of residence.

Prohibit respondent from entering or remaining in any

residence, household, or premises of the petitioner,

including one owned or leased by respondent, if petitioner

has a right to occupancy thereof. The grant of exclusive

possession of the residence, household, or premises shall

not affect title to real property, nor shall the court be

limited by the standard set forth in Section 701 of the

Illinois Marriage and Dissolution of Marriage Act.

(A) Right to occupancy. A party has a right to

occupancy of a residence or household if it is solely

or jointly owned or leased by that party, that party's

spouse, a person with a legal duty to support that

party or a minor child in that party's care, or by any

person or entity other than the opposing party that

authorizes that party's occupancy (e.g., a domestic

violence shelter). Standards set forth in subparagraph

(B) shall not preclude equitable relief.

(B) Presumption of hardships. If petitioner and

respondent each has the right to occupancy of a

residence or household, the court shall balance (i) the

hardships to respondent and any minor child or

dependent adult in respondent's care resulting from

entry of this remedy with (ii) the hardships to

petitioner and any minor child or dependent adult in

petitioner's care resulting from continued exposure to

the risk of abuse (should petitioner remain at the

residence or household) or from loss of possession of

the residence or household (should petitioner leave to

avoid the risk of abuse). When determining the balance

of hardships, the court shall also take into account

the accessibility of the residence or household.

Hardships need not be balanced if respondent does not

have a right to occupancy.

The balance of hardships is presumed to favor

possession by petitioner unless the presumption is

rebutted by a preponderance of the evidence, showing

that the hardships to respondent substantially

outweigh the hardships to petitioner and any minor

child or dependent adult in petitioner's care. The

court, on the request of petitioner or on its own

motion, may order respondent to provide suitable,

accessible, alternate housing for petitioner instead

of excluding respondent from a mutual residence or

household.

(3) Stay away order and additional prohibitions. Order

respondent to stay away from petitioner or any other person

protected by the order of protection, or prohibit

respondent from entering or remaining present at

petitioner's school, place of employment, or other

specified places at times when petitioner is present, or

both, if reasonable, given the balance of hardships.

Hardships need not be balanced for the court to enter a

stay away order or prohibit entry if respondent has no

right to enter the premises.

(A) If an order of protection grants petitioner

exclusive possession of the residence, or prohibits

respondent from entering the residence, or orders

respondent to stay away from petitioner or other

protected persons, then the court may allow respondent

access to the residence to remove items of clothing and

personal adornment used exclusively by respondent,

medications, and other items as the court directs. The

right to access shall be exercised on only one occasion

as the court directs and in the presence of an

agreed-upon adult third party or law enforcement

officer.

(B) When the petitioner and the respondent attend

the same public, private, or non-public elementary,

middle, or high school, the court when issuing an order

of protection and providing relief shall consider the

severity of the act, any continuing physical danger or

emotional distress to the petitioner, the educational

rights guaranteed to the petitioner and respondent

under federal and State law, the availability of a

transfer of the respondent to another school, a change

of placement or a change of program of the respondent,

the expense, difficulty, and educational disruption

that would be caused by a transfer of the respondent to

another school, and any other relevant facts of the

case. The court may order that the respondent not

attend the public, private, or non-public elementary,

middle, or high school attended by the petitioner,

order that the respondent accept a change of placement

or change of program, as determined by the school

district or private or non-public school, or place

restrictions on the respondent's movements within the

school attended by the petitioner. The respondent

bears the burden of proving by a preponderance of the

evidence that a transfer, change of placement, or

change of program of the respondent is not available.

The respondent also bears the burden of production with

respect to the expense, difficulty, and educational

disruption that would be caused by a transfer of the

respondent to another school. A transfer, change of

placement, or change of program is not unavailable to

the respondent solely on the ground that the respondent

does not agree with the school district's or private or

non-public school's transfer, change of placement, or

change of program or solely on the ground that the

respondent fails or refuses to consent or otherwise

does not take an action required to effectuate a

transfer, change of placement, or change of program.

When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to

another attendance center within the respondent's

school district or private or non-public school, the

school district or private or non-public school shall

have sole discretion to determine the attendance

center to which the respondent is transferred. In the

event the court order results in a transfer of the

minor respondent to another attendance center, a

change in the respondent's placement, or a change of

the respondent's program, the parents, guardian, or

legal custodian of the respondent is responsible for

transportation and other costs associated with the

transfer or change.

(C) The court may order the parents, guardian, or

legal custodian of a minor respondent to take certain

actions or to refrain from taking certain actions to

ensure that the respondent complies with the order. In

the event the court orders a transfer of the respondent

to another school, the parents, guardian, or legal

custodian of the respondent is responsible for

transportation and other costs associated with the

change of school by the respondent.

(4) Counseling. Require or recommend the respondent to

undergo counseling for a specified duration with a social

worker, psychologist, clinical psychologist, psychiatrist,

family service agency, alcohol or substance abuse program,

mental health center guidance counselor, agency providing

services to elders, program designed for domestic violence

abusers or any other guidance service the court deems

appropriate. The Court may order the respondent in any

intimate partner relationship to report to an Illinois

Department of Human Services protocol approved partner

abuse intervention program for an assessment and to follow

all recommended treatment.

(5) Physical care and possession of the minor child. In

order to protect the minor child from abuse, neglect, or

unwarranted separation from the person who has been the

minor child's primary caretaker, or to otherwise protect

the well-being of the minor child, the court may do either

or both of the following: (i) grant petitioner physical

care or possession of the minor child, or both, or (ii)

order respondent to return a minor child to, or not remove

a minor child from, the physical care of a parent or person

in loco parentis.

If a court finds, after a hearing, that respondent has

committed abuse (as defined in Section 103) of a minor

child, there shall be a rebuttable presumption that

awarding physical care to respondent would not be in the

minor child's best interest.

(6) Temporary allocation of parental responsibilities:

significant decision-making legal custody. Award temporary

decision-making responsibility legal custody to petitioner

in accordance with this Section, the Illinois Marriage and

Dissolution of Marriage Act, the Illinois Parentage Act of

1984, and this State's Uniform Child-Custody Jurisdiction

and Enforcement Act.

If a court finds, after a hearing, that respondent has

committed abuse (as defined in Section 103) of a minor

child, there shall be a rebuttable presumption that

awarding temporary significant decision-making

responsibility legal custody to respondent would not be in

the child's best interest.

(7) Parenting time Visitation. Determine the parenting

time visitation rights, if any, of respondent in any case

in which the court awards physical care or allocates

temporary significant decision-making responsibility legal

custody of a minor child to petitioner. The court shall

restrict or deny respondent's parenting time visitation

with a minor child if the court finds that respondent has

done or is likely to do any of the following: (i) abuse or

endanger the minor child during parenting time visitation;

(ii) use the parenting time visitation as an opportunity to

abuse or harass petitioner or petitioner's family or

household members; (iii) improperly conceal or detain the

minor child; or (iv) otherwise act in a manner that is not

in the best interests of the minor child. The court shall

not be limited by the standards set forth in Section 603.10

607.1 of the Illinois Marriage and Dissolution of Marriage

Act. If the court grants parenting time visitation, the

order shall specify dates and times for the parenting time

visitation to take place or other specific parameters or

conditions that are appropriate. No order for parenting

time visitation shall refer merely to the term "reasonable

parenting time visitation".

Petitioner may deny respondent access to the minor

child if, when respondent arrives for parenting time

visitation, respondent is under the influence of drugs or

alcohol and constitutes a threat to the safety and

well-being of petitioner or petitioner's minor children or

is behaving in a violent or abusive manner.

If necessary to protect any member of petitioner's

family or household from future abuse, respondent shall be

prohibited from coming to petitioner's residence to meet

the minor child for parenting time visitation, and the

parties shall submit to the court their recommendations for

reasonable alternative arrangements for parenting time

visitation. A person may be approved to supervise parenting

time visitation only after filing an affidavit accepting

that responsibility and acknowledging accountability to

the court.

(8) Removal or concealment of minor child. Prohibit

respondent from removing a minor child from the State or

concealing the child within the State.

(9) Order to appear. Order the respondent to appear in

court, alone or with a minor child, to prevent abuse,

neglect, removal or concealment of the child, to return the

child to the custody or care of the petitioner or to permit

any court-ordered interview or examination of the child or

the respondent.

(10) Possession of personal property. Grant petitioner

exclusive possession of personal property and, if

respondent has possession or control, direct respondent to

promptly make it available to petitioner, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the parties own the property jointly; sharing

it would risk abuse of petitioner by respondent or is

impracticable; and the balance of hardships favors

temporary possession by petitioner.

If petitioner's sole claim to ownership of the property

is that it is marital property, the court may award

petitioner temporary possession thereof under the

standards of subparagraph (ii) of this paragraph only if a

proper proceeding has been filed under the Illinois

Marriage and Dissolution of Marriage Act, as now or

hereafter amended.

No order under this provision shall affect title to

property.

(11) Protection of property. Forbid the respondent

from taking, transferring, encumbering, concealing,

damaging or otherwise disposing of any real or personal

property, except as explicitly authorized by the court, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the parties own the property jointly, and the

balance of hardships favors granting this remedy.

If petitioner's sole claim to ownership of the property

is that it is marital property, the court may grant

petitioner relief under subparagraph (ii) of this

paragraph only if a proper proceeding has been filed under

the Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended.

The court may further prohibit respondent from

improperly using the financial or other resources of an

aged member of the family or household for the profit or

advantage of respondent or of any other person.

(11.5) Protection of animals. Grant the petitioner the

exclusive care, custody, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner

or the respondent or a minor child residing in the

residence or household of either the petitioner or the

respondent and order the respondent to stay away from the

animal and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the animal.

(12) Order for payment of support. Order respondent to

pay temporary support for the petitioner or any child in

the petitioner's care or over whom the petitioner has been

allocated parental responsibility custody, when the

respondent has a legal obligation to support that person,

in accordance with the Illinois Marriage and Dissolution of

Marriage Act, which shall govern, among other matters, the

amount of support, payment through the clerk and

withholding of income to secure payment. An order for child

support may be granted to a petitioner with lawful physical

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

physical care of a child or custody, prior to entry of an

order allocating significant decision-making

responsibility for legal custody. Such a support order

shall expire upon entry of a valid order allocating

parental responsibility differently and vacating the

petitioner's significant decision-making authority

granting legal custody to another, unless otherwise

provided in the custody order.

(13) Order for payment of losses. Order respondent to

pay petitioner for losses suffered as a direct result of

the abuse, neglect, or exploitation. Such losses shall

include, but not be limited to, medical expenses, lost

earnings or other support, repair or replacement of

property damaged or taken, reasonable attorney's fees,

court costs and moving or other travel expenses, including

additional reasonable expenses for temporary shelter and

restaurant meals.

(i) Losses affecting family needs. If a party is

entitled to seek maintenance, child support or

property distribution from the other party under the

Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to

the extent that such reimbursement would be

"appropriate temporary relief", as authorized by

subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an

improper concealment or removal of a minor child, the

court may order respondent to pay the reasonable

expenses incurred or to be incurred in the search for

and recovery of the minor child, including but not

limited to legal fees, court costs, private

investigator fees, and travel costs.

(14) Prohibition of entry. Prohibit the respondent

from entering or remaining in the residence or household

while the respondent is under the influence of alcohol or

drugs and constitutes a threat to the safety and well-being

of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(a) Prohibit a respondent against whom an order of

protection was issued from possessing any firearms

during the duration of the order if the order:

(1) was issued after a hearing of which such

person received actual notice, and at which such

person had an opportunity to participate;

(2) restrains such person from harassing,

stalking, or threatening an intimate partner of

such person or child of such intimate partner or

person, or engaging in other conduct that would

place an intimate partner in reasonable fear of

bodily injury to the partner or child; and

(3)(i) includes a finding that such person

represents a credible threat to the physical

safety of such intimate partner or child; or (ii)

by its terms explicitly prohibits the use,

attempted use, or threatened use of physical force

against such intimate partner or child that would

reasonably be expected to cause bodily injury.

Any Firearm Owner's Identification Card in the

possession of the respondent, except as provided in

subsection (b), shall be ordered by the court to be

turned over to the local law enforcement agency. The

local law enforcement agency shall immediately mail

the card to the Department of State Police Firearm

Owner's Identification Card Office for safekeeping.

The court shall issue a warrant for seizure of any

firearm in the possession of the respondent, to be kept

by the local law enforcement agency for safekeeping,

except as provided in subsection (b). The period of

safekeeping shall be for the duration of the order of

protection. The firearm or firearms and Firearm

Owner's Identification Card, if unexpired, shall at

the respondent's request, be returned to the

respondent at the end of the order of protection. It is

the respondent's responsibility to notify the

Department of State Police Firearm Owner's

Identification Card Office.

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

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

shall order that any firearms used by the respondent in

the performance of his or her duties as a peace officer

be surrendered to the chief law enforcement executive

of the agency in which the respondent is employed, who

shall retain the firearms for safekeeping for the

duration of the order of protection.

(c) Upon expiration of the period of safekeeping,

if the firearms or Firearm Owner's Identification Card

cannot be returned to respondent because respondent

cannot be located, fails to respond to requests to

retrieve the firearms, or is not lawfully eligible to

possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the

firearms for training purposes, or for any other

application as deemed appropriate by the local law

enforcement agency; or that the firearms be turned over

to a third party who is lawfully eligible to possess

firearms, and who does not reside with respondent.

(15) Prohibition of access to records. If an order of

protection prohibits respondent from having contact with

the minor child, or if petitioner's address is omitted

under subsection (b) of Section 203, or if necessary to

prevent abuse or wrongful removal or concealment of a minor

child, the order shall deny respondent access to, and

prohibit respondent from inspecting, obtaining, or

attempting to inspect or obtain, school or any other

records of the minor child who is in the care of

petitioner.

(16) Order for payment of shelter services. Order

respondent to reimburse a shelter providing temporary

housing and counseling services to the petitioner for the

cost of the services, as certified by the shelter and

deemed reasonable by the court.

(17) Order for injunctive relief. Enter injunctive

relief necessary or appropriate to prevent further abuse of

a family or household member or further abuse, neglect, or

exploitation of a high-risk adult with disabilities or to

effectuate one of the granted remedies, if supported by the

balance of hardships. If the harm to be prevented by the

injunction is abuse or any other harm that one of the

remedies listed in paragraphs (1) through (16) of this

subsection is designed to prevent, no further evidence is

necessary that the harm is an irreparable injury.

(c) Relevant factors; findings.

(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider

relevant factors, including but not limited to the

following:

(i) the nature, frequency, severity, pattern and

consequences of the respondent's past abuse, neglect

or exploitation of the petitioner or any family or

household member, including the concealment of his or

her location in order to evade service of process or

notice, and the likelihood of danger of future abuse,

neglect, or exploitation to petitioner or any member of

petitioner's or respondent's family or household; and

(ii) the danger that any minor child will be abused

or neglected or improperly relocated removed from the

jurisdiction, improperly concealed within the State or

improperly separated from the child's primary

caretaker.

(2) In comparing relative hardships resulting to the

parties from loss of possession of the family home, the

court shall consider relevant factors, including but not

limited to the following:

(i) availability, accessibility, cost, safety,

adequacy, location and other characteristics of

alternate housing for each party and any minor child or

dependent adult in the party's care;

(ii) the effect on the party's employment; and

(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's

care, to family, school, church and community.

(3) Subject to the exceptions set forth in paragraph

(4) of this subsection, the court shall make its findings

in an official record or in writing, and shall at a minimum

set forth the following:

(i) That the court has considered the applicable

relevant factors described in paragraphs (1) and (2) of

this subsection.

(ii) Whether the conduct or actions of respondent,

unless prohibited, will likely cause irreparable harm

or continued abuse.

(iii) Whether it is necessary to grant the

requested relief in order to protect petitioner or

other alleged abused persons.

(4) For purposes of issuing an ex parte emergency order

of protection, the court, as an alternative to or as a

supplement to making the findings described in paragraphs

(c)(3)(i) through (c)(3)(iii) of this subsection, may use

the following procedure:

When a verified petition for an emergency order of

protection in accordance with the requirements of Sections

203 and 217 is presented to the court, the court shall

examine petitioner on oath or affirmation. An emergency

order of protection shall be issued by the court if it

appears from the contents of the petition and the

examination of petitioner that the averments are

sufficient to indicate abuse by respondent and to support

the granting of relief under the issuance of the emergency

order of protection.

(5) Never married parties. No rights or

responsibilities for a minor child born outside of marriage

attach to a putative father until a father and child

relationship has been established under the Illinois

Parentage Act of 1984, the Illinois Public Aid Code,

Section 12 of the Vital Records Act, the Juvenile Court Act

of 1987, the Probate Act of 1985, the Revised Uniform

Reciprocal Enforcement of Support Act, the Uniform

Interstate Family Support Act, the Expedited Child Support

Act of 1990, any judicial, administrative, or other act of

another state or territory, any other Illinois statute, or

by any foreign nation establishing the father and child

relationship, any other proceeding substantially in

conformity with the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),

or where both parties appeared in open court or at an

administrative hearing acknowledging under oath or

admitting by affirmation the existence of a father and

child relationship. Absent such an adjudication, finding,

or acknowledgement, no putative father shall be granted

temporary allocation of parental responsibilities,

including parenting time custody of the minor child,

visitation with the minor child, or physical care and

possession of the minor child, nor shall an order of

payment for support of the minor child be entered.

(d) Balance of hardships; findings. If the court finds that

the balance of hardships does not support the granting of a

remedy governed by paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section, which may require such

balancing, the court's findings shall so indicate and shall

include a finding as to whether granting the remedy will result

in hardship to respondent that would substantially outweigh the

hardship to petitioner from denial of the remedy. The findings

shall be an official record or in writing.

(e) Denial of remedies. Denial of any remedy shall not be

based, in whole or in part, on evidence that:

(1) Respondent has cause for any use of force, unless

that cause satisfies the standards for justifiable use of

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

(2) Respondent was voluntarily intoxicated;

(3) Petitioner acted in self-defense or defense of

another, provided that, if petitioner utilized force, such

force was justifiable under Article 7 of the Criminal Code

of 2012;

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

of another;

(5) Petitioner left the residence or household to avoid

further abuse, neglect, or exploitation by respondent;

(6) Petitioner did not leave the residence or household

to avoid further abuse, neglect, or exploitation by

respondent;

(7) Conduct by any family or household member excused

the abuse, neglect, or exploitation by respondent, unless

that same conduct would have excused such abuse, neglect,

or exploitation if the parties had not been family or

household members.

(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11;

97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12;

97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(750 ILCS 60/223)  (from Ch. 40, par. 2312-23)

Sec. 223. Enforcement of orders of protection.

(a) When violation is crime. A violation of any order of

protection, whether issued in a civil or criminal proceeding,

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 214

of this Act; or

(ii) a remedy, which is substantially similar to

the remedies authorized under paragraphs (1), (2),

(3), (14), and (14.5) of subsection (b) of Section 214

of this Act, in a valid order of protection which is

authorized under the laws of another state, tribe, or

United States territory; or

(iii) any other remedy when the act constitutes a

crime against the protected parties as defined by the

Criminal Code of 1961 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 214 of this Act; or

(ii) a remedy, which is substantially similar to

the remedies authorized under paragraphs (5), (6), or

(8) of subsection (b) of Section 214 of this Act, in a

valid order of protection which is authorized under the

laws of another state, tribe, or United States

territory.

(b) When violation is contempt of court. A violation of any

valid Illinois order of protection, whether issued in a civil

or criminal proceeding, may be enforced through civil or

criminal contempt procedures, as appropriate, by any court with

jurisdiction, regardless where the act or acts which violated

the order of protection were committed, to the extent

consistent with the venue provisions of this Act. Nothing in

this Act shall preclude any Illinois court from enforcing any

valid order of protection issued in another state. Illinois

courts may enforce orders of protection through both criminal

prosecution and contempt proceedings, unless the action which

is second in time is barred by collateral estoppel or the

constitutional prohibition against double jeopardy.

(1) In a contempt proceeding where the petition for a

rule to show cause sets forth facts evidencing an immediate

danger that the respondent will flee the jurisdiction,

conceal a child, or inflict physical abuse on the

petitioner or minor children or on dependent adults in

petitioner's care, the court may order the attachment of

the respondent without prior service of the rule to show

cause or the petition for a rule to show cause. Bond shall

be set unless specifically denied in writing.

(2) A petition for a rule to show cause for violation

of an order of protection shall be treated as an expedited

proceeding.

(b-1) The court shall not hold a school district or private

or non-public school or any of its employees in civil or

criminal contempt unless the school district or private or

non-public school has been allowed to intervene.

(b-2) The court may hold the parents, guardian, or legal

custodian of a minor respondent in civil or criminal contempt

for a violation of any provision of any order entered under

this Act for conduct of the minor respondent in violation of

this Act if the parents, guardian, or legal custodian directed,

encouraged, or assisted the respondent minor in such conduct.

(c) Violation of custody or support orders or temporary or

final judgments allocating parental responsibilities. A

violation of remedies described in paragraphs (5), (6), (8), or

(9) of subsection (b) of Section 214 of this Act may be

enforced by any remedy provided by Section 607.5 611 of the

Illinois Marriage and Dissolution of Marriage Act. The court

may enforce any order for support issued under paragraph (12)

of subsection (b) of Section 214 in the manner provided for

under Parts V and VII of the Illinois Marriage and Dissolution

of Marriage Act.

(d) Actual knowledge. An order of protection may be

enforced pursuant to this Section if the respondent violates

the order after the respondent has actual knowledge of its

contents as shown through one of the following means:

(1) By service, delivery, or notice under Section 210.

(2) By notice under Section 210.1 or 211.

(3) By service of an order of protection under Section

222.

(4) By other means demonstrating actual knowledge of

the contents of the order.

(e) The enforcement of an order of protection in civil or

criminal court shall not be affected by either of the

following:

(1) The existence of a separate, correlative order,

entered under Section 215.

(2) Any finding or order entered in a conjoined

criminal proceeding.

(f) Circumstances. The court, when determining whether or

not a violation of an order of protection has occurred, shall

not require physical manifestations of abuse on the person of

the victim.

(g) Penalties.

(1) Except as provided in paragraph (3) of this

subsection, where the court finds the commission of a crime

or contempt of court under subsections (a) or (b) of this

Section, the penalty shall be the penalty that generally

applies in such criminal or contempt proceedings, and may

include one or more of the following: incarceration,

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 of the Code of Criminal Procedure of 1963;

(ii) to revoke or modify an order of probation,

conditional discharge or supervision, pursuant to

Section 5-6-4 of the Unified Code of Corrections;

(iii) to revoke or modify a sentence of periodic

imprisonment, pursuant to Section 5-7-2 of the Unified

Code of Corrections.

(5) In addition to any other penalties, the court shall

impose an additional fine of $20 as authorized by Section

5-9-1.11 of the Unified Code of Corrections upon any person

convicted of or placed on supervision for a violation of an

order of protection. The additional fine shall be imposed

for each violation of this Section.

(Source: P.A. 96-1551, eff. 7-1-11; 97-294, eff. 1-1-12;

97-1150, eff. 1-25-13.)

Section 5-30. The Probate Act of 1975 is amended by

changing Section 11-7.1 as follows:

(755 ILCS 5/11-7.1)  (from Ch. 110 1/2, par. 11-7.1)

Sec. 11-7.1. Visitation rights.

(a) Whenever both natural or adoptive parents of a minor

are deceased, visitation rights shall be granted to the

grandparents of the minor who are the parents of the minor's

legal parents unless it is shown that such visitation would be

detrimental to the best interests and welfare of the minor. In

the discretion of the court, reasonable visitation rights may

be granted to any other relative of the minor or other person

having an interest in the welfare of the child. However, the

court shall not grant visitation privileges to any person who

otherwise might have visitation privileges under this Section

where the minor has been adopted subsequent to the death of

both his legal parents except where such adoption is by a close

relative. For the purpose of this Section, "close relative"

shall include, but not be limited to, a grandparent, aunt,

uncle, first cousin, or adult brother or sister.

Where such adoption is by a close relative, the court shall

not grant visitation privileges under this Section unless the

petitioner alleges and proves that he or she has been

unreasonably denied visitation with the child. The court may

grant reasonable visitation privileges upon finding that such

visitation would be in the best interest of the child.

An order denying visitation rights to grandparents of the

minor shall be in writing and shall state the reasons for

denial. An order denying visitation rights is a final order for

purposes of appeal.

(b) Unless the court determines, after considering all

relevant factors, including but not limited to those set forth

in Section 602.7 602(a) of the Illinois Marriage and

Dissolution of Marriage Act, that it would be in the best

interests of the child to allow visitation, the court shall not

enter an order providing visitation rights and pursuant to a

motion to modify visitation brought under Section 610.5 607(f)

of the Illinois Marriage and Dissolution of Marriage Act shall

revoke visitation rights previously granted to any person who

would otherwise be entitled to petition for visitation rights

under this Section who has been convicted of first degree

murder of the parent, grandparent, great-grandparent, or

sibling of the child who is the subject of the order. Until an

order is entered pursuant to this subsection, no person shall

visit, with the child present, a person who has been convicted

of first degree murder of the parent, grandparent,

great-grandparent, or sibling of the child without the consent

of the child's parent, other than a parent convicted of first

degree murder as set forth herein, or legal guardian.

(Source: P.A. 90-801, eff. 6-1-99.)

INDEX Statutes amended in order of appearance     735 ILCS 5/13-202 from Ch. 110, par. 13-202     740 ILCS 5/Act title     740 ILCS 5/0.01 from Ch. 40, par. 1900     740 ILCS 5/7.1 new     740 ILCS 5/1 rep.     740 ILCS 5/2 rep.     740 ILCS 5/3 rep.     740 ILCS 5/4 rep.     740 ILCS 5/5 rep.     740 ILCS 5/6 rep.     740 ILCS 5/7 rep.     740 ILCS 15/0.01 from Ch. 40, par. 1800     740 ILCS 15/10.1 new     740 ILCS 15/1 rep.     740 ILCS 15/2 rep.     740 ILCS 15/3 rep.     740 ILCS 15/4 rep.     740 ILCS 15/5 rep.     740 ILCS 15/6 rep.     740 ILCS 15/7 rep.     740 ILCS 15/8 rep.     740 ILCS 15/9 rep.     740 ILCS 15/10 rep.     740 ILCS 50/Act title     740 ILCS 50/0.01 from Ch. 40, par. 1950     740 ILCS 50/7.1 new     740 ILCS 50/1 rep.     740 ILCS 50/2 rep.     740 ILCS 50/3 rep.     740 ILCS 50/4 rep.     740 ILCS 50/5 rep.     740 ILCS 50/6 rep.     740 ILCS 50/7 rep.     325 ILCS 40/7.1 from Ch. 23, par. 2257.1     725 ILCS 5/112A-23 from Ch. 38, par. 112A-23     750 ILCS 5/102 from Ch. 40, par. 102     750 ILCS 5/104 from Ch. 40, par. 104     750 ILCS 5/105 from Ch. 40, par. 105     750 ILCS 5/107 from Ch. 40, par. 107     750 ILCS 5/209 from Ch. 40, par. 209     750 ILCS 5/219 from Ch. 40, par. 219     750 ILCS 5/304 from Ch. 40, par. 304     750 ILCS 5/401 from Ch. 40, par. 401     750 ILCS 5/402 from Ch. 40, par. 402     750 ILCS 5/403 from Ch. 40, par. 403     750 ILCS 5/404 from Ch. 40, par. 404     750 ILCS 5/405 from Ch. 40, par. 405     750 ILCS 5/409 from Ch. 40, par. 409     750 ILCS 5/411 from Ch. 40, par. 411     750 ILCS 5/413 from Ch. 40, par. 413     750 ILCS 5/452     750 ILCS 5/453     750 ILCS 5/501 from Ch. 40, par. 501     750 ILCS 5/501.1 from Ch. 40, par. 501.1     750 ILCS 5/502 from Ch. 40, par. 502     750 ILCS 5/503 from Ch. 40, par. 503     750 ILCS 5/504 from Ch. 40, par. 504     750 ILCS 5/505 from Ch. 40, par. 505     750 ILCS 5/506 from Ch. 40, par. 506     750 ILCS 5/508 from Ch. 40, par. 508     750 ILCS 5/509 from Ch. 40, par. 509     750 ILCS 5/510 from Ch. 40, par. 510     750 ILCS 5/512 from Ch. 40, par. 512     750 ILCS 5/513 from Ch. 40, par. 513     750 ILCS 5/513.5 new     750 ILCS 5/Pt. VI heading     750 ILCS 5/600 new     750 ILCS 5/601.2 new     750 ILCS 5/602.3     750 ILCS 5/602.5 new     750 ILCS 5/602.7 new     750 ILCS 5/602.8 new     750 ILCS 5/602.9 new     750 ILCS 5/602.10 new     750 ILCS 5/603.5 new     750 ILCS 5/603.10 new     750 ILCS 5/604.10 new     750 ILCS 5/606.5 new     750 ILCS 5/606.10 new     750 ILCS 5/607.5 new     750 ILCS 5/609.2 new     750 ILCS 5/610.5 new     750 ILCS 5/801 from Ch. 40, par. 801     750 ILCS 5/406 rep.     750 ILCS 5/407 rep.     750 ILCS 5/408 rep.     750 ILCS 5/412 rep.     750 ILCS 5/514 rep.     750 ILCS 5/515 rep.     750 ILCS 5/516 rep.     750 ILCS 5/517 rep.     750 ILCS 5/601 rep.     750 ILCS 5/601.5 rep.     750 ILCS 5/602 rep.     750 ILCS 5/602.1 rep.     750 ILCS 5/603 rep.     750 ILCS 5/604 rep.     750 ILCS 5/604.5 rep.     750 ILCS 5/605 rep.     750 ILCS 5/606 rep.     750 ILCS 5/607 rep.     750 ILCS 5/607.1 rep.     750 ILCS 5/608 rep.     750 ILCS 5/609 rep.     750 ILCS 5/610 rep.     750 ILCS 5/611 rep.     750 ILCS 5/701 rep.     750 ILCS 5/703 rep.     750 ILCS 36/202     750 ILCS 60/214 from Ch. 40, par. 2312-14     750 ILCS 60/223 from Ch. 40, par. 2312-23     755 ILCS 5/11-7.1 from Ch. 110 1/2, par. 11-7.1

Best Regards, 

Jon D. McLaughlin

Bloomington Law Group LLC

Flanagan State Bank Building

2401 East Washington Street

Bloomington Illinois 61704

Skype: jmclaug2

facetime: jondwainmclaughlin@gmail.com 

Blog: www.McLeanCountyDivorce.Blogspot.com 

www.BloomingtonLawGroup.com

Jon@BloomingtonLawGroup.com

Office: (309) 319-6206

Cell:(309) 433-5034