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Illinois Marriage and Dissolution of Marriage Act (IMDMA)


Note: This version of the Illinois Marriage and Dissolution of
Marriage Act was taken from a government Web site. This Web site makes
no warranties as to the accuracy of the below information, as the law
may have been modified since the below was posted. The following notice was
provided by the Illinois Legislative Reference Bureau: 
Updating the database of the Illinois Compiled Statutes (ILCS) is an
ongoing process. Recent laws may not yet be included in the ILCS database, but
they are found on this site as Public Acts soon after they become law. For
information concerning the relationship between statutes and Public Acts, refer
to the Guide.

Because the statute database is maintained primarily for legislative drafting
purposes, statutory changes are sometimes included in the statute database
before they take effect. If the source note at the end of a Section of the
statutes includes a Public Act that has not yet taken effect, the version of the
law that is currently in effect may have already been removed from the database
and you should refer to that Public Act to see the changes made to the current
law.

Illinois Marriage and Dissolution of Marriage
Act

 
Sec. 101. Short
Title.
(750 ILCS 5/101) (from Ch. 40, par. 101)

This Act may be cited as the “Illinois Marriage and Dissolution of
Marriage Act”.

(Source: P.A. 86-649.) 
Sec. 102 :
Purposes; Rules of Construction.
(750 ILCS
5/102) (from Ch. 40, par. 102) 

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 legal dissolution of marriage; 
(5)
make reasonable provision for spouses and minor children during and after
litigation, including provision for timely awards of interim fees to achieve
substantial parity in parties’ access to funds for litigation
costs; 
(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; 
(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 
(8) make provision for the preservation and
conservation of assets during the litigation.

(Source: P.A. 89-712, eff.
6-1-97.) 
  
Sec. 103. Trial by
Jury.
   (750 ILCS 5/103) (from Ch.
40, par. 103) 

There shall be no trial by jury under this Act.

(Source: P.A. 80-923.) 

Sec. 104.
Venue.
(750 ILCS 5/104) (from Ch. 40, par.
104)  

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.

(Source: P.A. 82-716.) 

Sec. 105.
Application of Civil Practice Law
.(750 ILCS
5/105) (from Ch. 40, par. 105)

(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 custody or support proceeding shall be entitled “In
re the (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. All other pleadings under this Act
shall be denominated as provided in the Civil Practice Law.

(Source:
P.A. 82-783.) 

Sec.
106.
Employment of Administrative Aides.

(750 ILCS 5/106) (from Ch. 40, par. 106)

The employment of qualified
administrative aides to assist the court of any county in the administration of
proceedings hereunder may be provided for by such county as the case may be. All
such aides shall be appointed by the authority which provided for them, subject
to the approval of a majority of the judges of each court involved, and shall
serve for such terms and shall receive such compensation as provided by
ordinance. 

(a) The administrative aides shall perform such
nonjudicial duties with respect to proceedings hereunder and matters ancillary
thereto as the court shall direct. 
(b) Any county may make such
appropriations as may be necessary to provide for the expense and compensation
of the administrative aides.

(Source: P.A.
80-923.)  

     
Sec. 107. Order of
protection; status.
(750 ILCS 5/107) (from Ch. 40, par.
107)

Whenever relief is sought under Part V, Part VI or Part VII of this
Act, 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 respondent or a protected person.
(Source:
P.A. 87-743.) 

PART II :
MARRIAGE
 
(750 ILCS 5/Pt. II heading)

Sec.
201
. Formalities.
(750 ILCS 5/201) (from Ch.
40, par. 201)

A marriage between a man and a woman licensed, solemnized
and registered as provided in this Act is valid in this State.

(Source:
P.A. 80-923.) 
Sec. 202. Marriage License and Marriage
Certificate.
(750 ILCS 5/202) (from Ch. 40, par. 202)

(a) The Director of Public Health shall prescribe the
form for an application for a marriage license, which shall include the
following information: 
(1) name, sex, occupation, address, social
security number, date and place of birth of each party to the proposed
marriage; 
(2) if either party was previously married, his name, and the
date, place and court in which the marriage was dissolved or declared invalid or
the date and place of death of the former spouse; 
(3) name and address
of the parents or guardian of each party; and 
(4) whether the parties
are related to each other and, if so, their
relationship. 
(b) The Director of Public Health shall
prescribe the forms for the marriage license, the marriage certificate and, when
necessary, the consent to marriage.
(Source: P.A.
80-923.)  

     
Sec. 203. License to
Marry.
(750 ILCS 5/203) (from Ch. 40, par. 203)

When a
marriage application has been completed and signed by both parties to a
prospective marriage and both parties have appeared before the county clerk and
the marriage license fee has been paid, the county clerk shall issue a license
to marry and a marriage certificate form upon being
furnished: 

(1) satisfactory proof that each party to the marriage will have attained the age of 18 years at the time the marriage license is effective or will have attained the age of 16 years and has either
the consent to the marriage of both parents or his guardian or judicial
approval; provided, if one parent cannot be located in order to obtain such
consent and diligent efforts have been made to locate that parent by the
consenting parent, then the consent of one parent plus a signed affidavit by the
consenting parent which (i) names the absent parent and states that he or she
cannot be located, and (ii) states what diligent efforts have been made to
locate the absent parent, shall have the effect of both parents’ consent for
purposes of this Section; 

(2) satisfactory proof
that the marriage is not prohibited; and
   

(3) an affidavit or record as prescribed in subparagraph
(1) of Section 205 or a court order as prescribed in subparagraph (2) of Section
205, if applicable. 

With each marriage license, the county clerk
shall provide a pamphlet describing the causes and effects of fetal alcohol
syndrome.

(Source: P.A. 86-832; 86-884; 86-1028.) 
Sec. 204. Medical information brochure.
(750 ILCS 5/204) (from Ch. 40, par. 204)
The
The
county clerk shall distribute free of charge, to all persons applying for a
marriage license, a brochure prepared by the Department of Public Health
concerning sexually transmitted diseases and inherited metabolic diseases.

(Source: P.A. 86-884.) 
Sec. 205. Exceptions. (750 ILCS
5/205) (from Ch. 40, par. 205)

(1) Irrespective of the
results of laboratory tests and clinical examination relative to sexually
transmitted diseases, the clerks of the respective counties shall issue a
marriage license to parties to a proposed marriage (a) when a woman is pregnant
at the time of such application, or (b) when a woman has, prior to the time of
application, given birth to a child born out of wedlock which is living at the
time of such application and the man making such application makes affidavit
that he is the father of such child born out of wedlock. The county clerk shall,
in lieu of the health certificate required hereunder, accept, as the case may
be, either an affidavit on a form prescribed by the State Department of Public
Health, signed by a physician duly licensed in this State, stating that the
woman is pregnant, or a copy of the birth record of the child born out of
wedlock, if one is available in this State, or if such birth record is not
available, an affidavit signed by the woman that she is the mother of such
child. 

(2)
Any judge of the circuit court within
the county in which the license is to be issued is authorized and empowered on
joint application by both applicants for a marriage license to waive the
requirements as to medical examination, laboratory tests, and certificates,
except the requirements of paragraph (4) of subsection (a) of Section 212 of
this Act which shall not be waived; and to authorize the county clerk to issue
the license if all other requirements of law have been complied with and the
judge is satisfied, by affidavit, or other proof, that the examination or tests
are contrary to the tenets or practices of the religious creed of which the
applicant is an adherent, and that the public health and welfare will not be
injuriously affected thereby.

(Source: P.A. 94-229, eff. 1-1-06.) 
Sec.
206
. Records.
(750 ILCS 5/206) (from Ch. 40,
par. 206)

Any health certificate filed with the county clerk, or any
certificate, affidavit, or record accepted in lieu thereof, shall be retained in
the files of the office for one year after the license is issued and shall
thereafter be destroyed by the county clerk.
(Source: P.A. 82-561.) 


Sec. 207. Effective Date of
License.
(750 ILCS 5/207) (from Ch. 40, par. 207)

A
license to marry becomes effective in the county where it was issued one day
after the date of issuance, unless the court orders that the license is
effective when issued, and expires 60 days after it becomes effective, provided
that the marriage is not invalidated by the fact that the marriage was
inadvertently solemnized in a county in Illinois other than the county where the
license was issued.

(Source: P.A. 95-775, eff. 1-1-09.) 
Sec.
208
. Judicial Approval of Underage
Marriages. 
(750 ILCS 5/208) (from Ch. 40, par.
208)

(a) The court, after a reasonable effort has
been made to notify the parents or guardian of each underaged party, may order
the county clerk to issue a marriage license and a marriage certificate form to
a party aged 16 or 17 years who has no parent capable of consenting to his
marriage or whose parent or guardian has not consented to his
marriage. 
(b) A marriage license and a marriage
certificate form may be issued under this Section only if the court finds that
the underaged party is capable of assuming the responsibilities of marriage and
the marriage will serve his best interest. Pregnancy alone does not establish
that the best interest of the party will be served.

(Source: P.A.
80-923.) 
Sec.
209.
Solemnization and Registration.
(750
ILCS 5/209) (from Ch. 40, par. 209) 

(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
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. 
(b) The solemnization of the
marriage is not invalidated by the fact that the person solemnizing the marriage
was not legally qualified to solemnize it, if either party to the marriage
believed him to be so qualified or by the fact that the marriage was
inadvertently solemnized in a county in Illinois other than the county where the
license was issued.

(Source: P.A. 95-775, eff. 1-1-09.) 
Sec.
210
. Registration of Marriage
Certificate.

(750 ILCS 5/210) (from Ch. 40, par.
210)

Upon receipt of the marriage certificate, the county clerk shall
register the marriage. Within 45 days after the close of the month in which a
marriage is registered, the county clerk shall make to the Department of Public
Health a return of such marriage. Such return shall be made on a form furnished
by the Department of Public Health and shall substantially consist of the
following items: 

  1. A copy of the marriage license application signed and attested to by the
    applicants, except that in any county in which the information provided in a
    marriage license application is entered into a computer, the county clerk may
    submit a computer copy of such information without the signatures and
    attestations of the applicants.
  2. The date and place of marriage.
  3. The marriage license number.

(Source: P.A. 85-1307.) 
Sec.
211
. Reporting.
(750 ILCS 5/211) (from
Ch. 40, par. 211)

In transmitting the required returns, the county clerk
shall make a report to the Department of Public Health stating the total number
of marriage licenses issued during the month for which returns are made, and the
number of marriage certificates registered during the month.

(Source:
P.A. 80-923.)  

     
Sec. 212. Prohibited
Marriages.

(750 ILCS 5/212) (from Ch. 40, par.
212)

(a) The following marriages are
prohibited: 
(1) a marriage entered into prior to the dissolution of an
earlier marriage of one of the parties; 
(2) a marriage between an
ancestor and a descendant or between a brother and a sister, whether the
relationship is by the half or the whole blood or by adoption; 
(3) a
marriage between an uncle and a niece or between an aunt and a nephew, whether
the relationship is by the half or the whole blood; 
(4) a marriage
between cousins of the first degree; however, a marriage between first cousins
is not prohibited if: 
(i) both parties are 50 years of age or older;
or 
(ii) either party, at the time of application for a marriage
license, presents for filing with the county clerk of the county in which the
marriage is to be solemnized, a certificate signed by a licensed physician
stating that the party to the proposed marriage is permanently and irreversibly
sterile; 
(5) a marriage between 2 individuals of the same
sex. 

(b)
Parties to a marriage prohibited under
subsection (a) of this Section who cohabit after removal of the impediment are
lawfully married as of the date of the removal of the
impediment. 

(c) Children born or adopted of a
prohibited or common law marriage are the lawful children of the parties.

(Source: P.A. 94-229, eff. 1-1-06.) 
     
Sec. 213.
Validity.

(750 ILCS 5/213) (from Ch. 40,
par. 213)

All marriages contracted within this State, prior to the
effective date of this Act, or outside this State, that were valid at the time
of the contract or subsequently validated by the laws of the place in which they
were contracted or by the domicile of the parties, are valid in this State,
except where contrary to the public policy of this State.
(Source: P.A.
80-923.) 
     
Sec. 213.1. Same-sex
marriages; public policy.

(750 ILCS 5/213.1)

A
marriage between 2 individuals of the same sex is contrary to the public policy
of this State.

(Source: P.A. 89-459, eff. 5-24-96.) 
Sec.
214.
Invalidity of Common Law
Marriages.

(750 ILCS 5/214) (from Ch. 40, par.
214)

Common law marriages contracted in this State after June 30, 1905
are invalid.

(Source: P.A. 80-923.) 
     
Sec. 215.
Penalty.

(750 ILCS 5/215) (from Ch. 40,
par. 215)

Unless otherwise provided by law, any person who violates any
provision of Part II of this Act is guilty of a Class B misdemeanor.

(Source: P.A. 80-923.) 
     
Sec. 216. Prohibited Marriages Void if Contracted
in Another State.
(750 ILCS 5/216) (from
Ch. 40, par. 216)

That if any person residing and intending to continue
to reside in this state and who is disabled or prohibited from contracting
marriage under the laws of this state, shall go into another state or country
and there contract a marriage prohibited and declared void by the laws of this
state, such marriage shall be null and void for all purposes in this state with
the same effect as though such prohibited marriage had been entered into in this
state.

(Source: P.A. 80-923.) 

Sec. 217. Marriage by Non-residents – When
Void.

(750 ILCS 5/217) (from Ch. 40, par. 217)

No
marriage shall be contracted in this state by a party residing and intending to
continue to reside in another state or jurisdiction if such marriage would be
void if contracted in such other state or jurisdiction and every marriage
celebrated in this state in violation of this provision shall be null and void.

(Source: P.A. 80-923.) 
     
Sec. 218. Duty of Officer
Issuing License.

(750 ILCS 5/218) (from Ch. 40, par.
218)

Before issuing a license to marry a person who resides and intends
to continue to reside in another state, the officer having authority to issue
the license shall satisfy himself by requiring affidavits or otherwise that such
person is not prohibited from intermarrying by the laws of the jurisdiction
where he or she resides.

(Source: P.A. 80-923.) 
Sec. 219.
Offenses.

(750 ILCS 5/219) (from Ch. 40,
par. 219)

Any official issuing a license with knowledge that the parties
are thus prohibited from intermarrying and any person authorized to celebrate
marriage who shall knowingly celebrate such a marriage shall be guilty of a
petty offense.

(Source: P.A. 80-923.) 
     
PART III:
DECLARATION OF INVALIDITY OF MARRIAGE

(750 ILCS 5/Pt. III
heading)
 . Declaration of Invalidity –
Grounds.
Sec. 301
(750 ILCS 5/301) (from Ch. 40,
par. 301)

The court shall enter its judgment declaring the invalidity of
a marriage (formerly known as annulment) entered into under the following
circumstances:

  1. a party lacked capacity to consent to the marriage at the time the
    marriage was solemnized, either because of mental incapacity or infirmity or
    because of the influence of alcohol, drugs or other incapacitating substances,
    or a party was induced to enter into a marriage by force or duress or by fraud
    involving the essentials of marriage; 
  2. a party lacks the physical capacity to consummate the marriage by sexual
    intercourse and at the time the marriage was solemnized the other party did
    not know of the incapacity; 
  3. a party was aged 16 or 17 years and did not have the consent of his
    parents or guardian or judicial approval; or 
  4. the marriage is prohibited.(Source: P.A. 80-923.) 

Sec. 302. Time of
Commencement

(750 ILCS 5/302) (from Ch.
40, par. 302)

(a) A declaration of invalidity under
paragraphs (1) through (3) of Section 301 may be sought by any of the following
persons and must be commenced within the times specified: 
(1) for any
of the reasons set forth in paragraph (1) of Section 301, by either party or by
the legal representative of the party who lacked capacity to consent, no later
than 90 days after the petitioner obtained knowledge of the described
condition; 
(2) for the reason set forth in paragraph (2) of Section
301, by either party, no later than one year after the petitioner obtained
knowledge of the described condition; 
(3) for the reason set forth in
paragraph (3) of Section 301, by the underaged party, his parent or guardian,
prior to the time the underaged party reaches the age at which he could have
married without needing to satisfy the omitted
requirement. 

(b) In no event may a declaration of
invalidity of marriage be sought after the death of either party to the marriage
under subsections (1), (2) and (3) of Section
301. 

(c) A declaration of invalidity for the
reason set forth in paragraph (4) of Section 301 may be sought by either party,
the legal spouse in case of a bigamous marriage, the State’s Attorney or a child
of either party, at any time not to exceed 3 years following the death of the
first party to die.

(Source: P.A. 80-923.) 

Legitimacy of Children.
Sec.
303.

(750 ILCS 5/303)
(from Ch. 40, par. 303)

Children born or adopted of a marriage declared
invalid are the lawful children of the parties. Children whose parents marry
after their birth are the lawful children of the parties.

(Source: P.A.
94-229, eff. 1-1-06.) 
Sec. 304.
Retroactivity.

(750 ILCS 5/304) (from Ch.
40, par. 304)

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 on dissolution of marriage are
applicable to non-retroactive judgments of invalidity of marriage only.

(Source: P.A. 80-923.) 
Sec. 305. Putative
Spouse.

(750 ILCS 5/305) (from Ch. 40,
par. 305)

Any person, having gone through a marriage ceremony, who has
cohabited with another to whom he is not legally married in the good faith
belief that he was married to that person is a putative spouse until knowledge
of the fact that he is not legally married terminates his status and prevents
acquisition of further rights. A putative spouse acquires the rights conferred
upon a legal spouse, including the right to maintenance following termination of
his status, whether or not the marriage is prohibited, under Section 212, or
declared invalid, under Section 301. If there is a legal spouse or other
putative spouse, rights acquired by a putative spouse do not supersede the
rights of the legal spouse or those acquired by other putative spouses, but the
court shall apportion property, maintenance and support rights among the
claimants as appropriate in the circumstances and in the interests of justice.
This Section shall not apply to common law marriages contracted in the State
after June 30, 1905.

(Source: P.A. 80-923.) 
Sec. 306. Commencement of
Action.

(750 ILCS 5/306) (from Ch. 40, par.
306)

Actions for declaration of invalidity of marriage shall be commenced
as in other civil cases.

(Source: P.A. 80-923.) 
      
PART IV:
DISSOLUTION AND LEGAL SEPARATION

(750 ILCS 5/Pt. IV
heading)
Sec. 401. Dissolution of
marriage.
 
(750 ILCS 5/401) (from Ch. 40, par.
401) 

(a) The court shall enter a judgment of
dissolution of marriage 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; 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 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 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.) 
     
Sec. 402. Legal
Separation.

(750 ILCS 5/402) (from Ch.
40, par. 402)

(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
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. 

(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.

(Source: P.A.
82-716.) 

Sec. 403. Pleadings –
Commencement – Abolition of Existing Defenses –
Procedure.
(
750 ILCS 5/403) (from Ch. 40,
par. 403) 
 
(a) The 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 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 the
wife is pregnant; 
(5) any arrangements as to support, 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)
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 grounds being tried first. Upon the court determining that 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. In cases where 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.
   

(f) 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.) 
     
Sec. 404. Conciliation;
mediation.

(750 ILCS 5/404) (from Ch.
40, par. 404)

(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.) 
Sec. 404.1.
(750 ILCS 5/404.1) (from Ch. 40, par.
404.1)

(a) In an action for dissolution of marriage
involving minor children, or in a post-judgment proceeding involving minor
children, the court may on its own motion order the parties, excluding the minor
children, to attend an educational program concerning the effects of dissolution
of marriage on the children, if the court finds that it would be in the best
interests of the minor children. The program may be divided into sessions, which
in the aggregate shall not exceed 4 hours in duration. The program shall be
educational in nature and not designed for individual therapy.

   
(b) The facts adduced at any
educational session resulting from a referral under this Section shall not be
considered in the adjudication of a pending or subsequent action, nor shall any
report resulting from such educational session become part of the record of the
case unless the parties have stipulated in writing to the contrary.

   
(c) The fees or costs of educational
sessions under this Section shall be borne by the parties and may be assessed by
the court as it deems equitable.

(Source: P.A. 86-288.) 
Sec. 405. Hearing
on Default – Notice.

(750 ILCS 5/405)
(from Ch. 40, par. 405)

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.

(Source: P.A. 80-923.) 
     
Sec. 406. Fault or Conduct of
Petitioner.

(750 ILCS 5/406) (from Ch.
40, par. 406)

In every action for a dissolution of marriage or legal
separation, or declaration of invalidity of marriage, the conduct of the
petitioner, unless raised by the pleadings, is not a bar to the action nor a
proper basis for the refusal of a judgment of dissolution of marriage or legal
separation or declaration of invalidity of marriage. Defenses which may be
raised by the pleadings, however, shall not include the defenses abolished under
Section 403(c).

(Source: P.A. 81-231.) 
Sec. 407. Admission
of Respondent.

(750 ILCS 5/407) (from Ch.
40, par. 407) 

No admission of the respondent shall be taken as
evidence unless the court shall be satisfied that such admission was made in
sincerity and without fraud or collusion to enable the petitioner to obtain a
dissolution of marriage or legal separation or declaration of invalidity of
marriage.

(Source: P.A. 84-551.) 
     
Sec. 408. Collusion – Assent or Consent of
Petitioner.

(750 ILCS 5/408) (from Ch.
40, par. 408)

If it appears, to the satisfaction of the court, that the
injury complained of was occasioned by collusion of the parties, or done with
the assent of the petitioner for the purpose of obtaining a dissolution of
marriage or legal separation or declaration of invalidity of marriage, or that
the petitioner was consenting thereto, then no dissolution of marriage or legal
separation or declaration of invalidity of marriage may be adjudged.

(Source: P.A. 80-923.) 
     
Sec. 409. Proof of Foreign
Marriage.

(750 ILCS 5/409) (from Ch. 40,
par. 409)

A marriage which may have been celebrated or had in any foreign
state or country, may be proved by the acknowledgment of the parties, their
cohabitation, and other circumstantial testimony.

(Source: P.A.
80-923.) 
     
Sec. 410. Process – Practice – Proceedings –
Publication.

(750 ILCS 5/410) (from Ch.
40, par. 410)

The process, practice and proceedings under this Act shall
be the same as in other civil cases, except as otherwise provided by this Act,
or by any law or rule of court, and except that when the parties resided in a
municipality, in a county with a population under 2,000,000, at the time the
cause of action arose, and if service by publication is necessary, publication
shall be in a newspaper published in such municipality if there is one.

(Source: P.A. 80-923.) 
    
Sec. 411. Commencement of
Action.

(750 ILCS 5/411) (from Ch. 40,
par. 411) 

(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. 

(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 shall be dismissed unless a petition
for dissolution of marriage or legal separation has been filed within 6 months
after the commencement of the action.

(Source: P.A. 86-630.) 
     
Sec. 412. Filing of petition – Cases Requiring
Service by Publication.

(750 ILCS 5/412)
(from Ch. 40, par. 412)

In any case wherein the requisite affidavit for
service by publication has been filed to obtain jurisdiction as to the party
against whom a judgment of dissolution of marriage or of legal separation or of
declaration of invalidity of marriage is sought, petitioner shall immediately,
and without leave of court, file his or her petition.

(Source: P.A.
81-231.) 
Sec. 413.
Judgment.

(750 ILCS 5/413) (from Ch. 40,
par. 413) 

(a) A judgment of dissolution of
marriage or of legal separation or of declaration of invalidity of marriage is
final when entered, subject to the right of appeal. An appeal from the judgment
of dissolution of marriage that does not challenge the finding as to grounds
does not delay the finality of that provision of the judgment which dissolves
the marriage, beyond the time for appealing from that provision, and either of
the parties may remarry pending appeal. An order directing payment of money for
support or maintenance of the spouse or the minor child or children shall not be
suspended or the enforcement thereof stayed pending the appeal.

   
(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. 84-546.) 
 
PART IV-A: JOINT SIMPLIFIED DISSOLUTION
PROCEDURE 
(750 ILCS 5/Pt. IV-A heading)
Sec. 451.
Applicability.

(750 ILCS
5/451)

In any proceeding under this Part IV-A, the provisions of this
Part IV-A shall control where they conflict with other provisions of this Act.

(Source: P.A. 88-39.) 
     
Sec. 452. Petition.

(750 ILCS 5/452)

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) 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.

       
(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 $10,000, the combined gross annualized income from
all sources is less than $35,000, and neither party has a gross annualized
income from all sources in excess of $20,000. 

(i)

The parties have disclosed to each other all assets 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.) 
     
Sec. 453. Procedure;
Judgment.

(750 ILCS 5/453)

The
parties shall use the forms 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.) 
Sec. 454.
Affidavit.

(750 ILCS 5/454)

At
the time of the hearing, the parties shall submit to the court an affidavit
executed by both parties stating that all property has been divided in
accordance with the agreement of the parties and that they have executed all
documents required to effectuate the agreement.

(Source: P.A.
88-39.) 
Sec. 455. Copies of
judgment.

(750 ILCS 5/455)

Upon
entry of the judgment and upon payment of the fee, the circuit court clerk shall
furnish to each party a certified copy of the final judgment of dissolution.

(Source: P.A. 88-39.) 

    
Sec. 456. Forms.
(750 ILCS 5/456)

The contents of forms to be used in simplified dissolutions shall be
provided for by court rule. The circuit court clerk shall supply forms upon
request for use by parties seeking simplified dissolutions under this Part IV-A.

(Source: P.A. 88-39.) 
     
Sec.
457. Brochure to describe proceedings.

(750 ILCS
5/457)

The circuit court clerk may make available a brochure that
describes the requirements, nature, and effect of a simplified dissolution. The
brochure should state, in nontechnical language, the following:

       
(a) It is in
the best interests of each of the parties to consult attorneys regarding
the dissolution of their marriage, and that the services of attorneys may be
obtained. 
 
(b) The parties should not rely
exclusively on the brochure, and the brochure is intended only as a guide for
self-representation. 
 
(c) A concise summary
of the provisions and procedures of the simplified dissolution
procedure. 
 
(d) The nature and availability
of counseling services. 
 
(e) If the
parties waive their rights to maintenance, neither party can in the future
obtain maintenance from the other. 
 
(f) A
statement in boldface type that a judgment for dissolution of marriage
permanently adjudicates all financial rights arising out of the marriage,
including the right to property in the name of one’s spouse and the right to
support from one’s spouse (maintenance or alimony), that a judgment is final,
and the parties waive their right to appeal, except that neither party is barred
from instituting an action to set aside a final judgment for fraud, duress,
accident, mistake, or other grounds at law or in
equity. 
 
(g) The parties to the marriage
remain married persons and cannot remarry until a judgment dissolving the
marriage is entered.
 
(Source: P.A. 88-39.) 
     
PART V: PROPERTY,
SUPPORT AND ATTORNEY FEES

(750 ILCS 5/Pt. V heading)
Sec. 501. Temporary
Relief.

(750 ILCS 5/501) (from Ch. 40,
par. 501)

In all proceedings under this Act, temporary relief shall be as
follows: 

(a) Either party may 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; 
(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; 
(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.

   
(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. 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
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. 
 
(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. 
 
(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.
 
(Source: P.A.
96-583, eff. 1-1-10.) 
Sec. 501.1.
Dissolution action stay.

(750 ILCS
5/501.1) (from Ch. 40, par. 501.1) 

(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; 
(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 
(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) 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)
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)
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.) 
     
Sec. 502.
Agreement.

(750 ILCS 5/502) (from Ch. 40,
par. 502)

(a) To promote amicable settlement of
disputes between parties to a marriage attendant upon the dissolution of their
marriage, the parties may enter into a written or oral agreement containing
provisions for disposition of any property owned by either of them, maintenance
of either of them and support, custody and visitation of their
children. 

(b) The terms of the agreement, except
those providing for the support, 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. 

(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) Except for terms concerning the support, custody or
visitation of children, the judgment may expressly preclude or limit
modification of 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.) 

    
Sec. 503. Disposition of property.

(750 ILCS 5/503) (from Ch. 40, par. 503) 
   

(a) For purposes of this Act, “marital property” means all
property 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; 
(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; 
(5) any judgment or property
obtained by judgment awarded to a spouse from the other
spouse; 
(6) property acquired before the marriage; 
(7) the
increase in value of 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. 
 
(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, 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. The
presumption of marital property is overcome by a showing that the property was
acquired by a method listed in subsection (a) of this Section. 

(2)
For purposes of distribution of property pursuant to this Section, all pension
benefits (including pension benefits under the Illinois Pension Code) acquired
by either spouse after the marriage and before a judgment of dissolution of
marriage or declaration of invalidity of the marriage are presumed to be marital
property, regardless of which spouse participates in the pension plan. The
presumption that these pension benefits are marital property is overcome by a
showing 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 granted to either spouse after
the marriage and before a judgment of dissolution of marriage 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 were acquired by a
method listed in subsection (a) of this Section. The court shall allocate stock
options 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 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 including but not limited to whether
the grant was for past, present, or future efforts, or any combination
thereof.
(ii) The length of time from the grant of the option to the
time the option is exercisable. 
 
(c)
Commingled marital and non-marital property shall be treated in the following
manner, unless otherwise agreed by the spouses: 

(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 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) 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; 
 
(2) the dissipation by each
party of the marital or non-marital property; 
 
(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 custody of the
children; 
 
(6) any obligations and rights arising from a
prior marriage of either party; 
 
(7) any 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, 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 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 of the Criminal Code of 1961 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 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.
 
(Source: P.A.
95-374, eff. 1-1-08; 96-583, eff. 1-1-10.) 
Sec. 504.
Maintenance.

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

(2)
the needs of each
party; 
       
(3) the 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) 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 is the custodian of a child making it appropriate that
the custodian not seek employment; 
 
(6) the standard of living
established during the marriage; 
 
(7) the duration of the
marriage; 
  
(8) the age and the physical and emotional
condition of both parties; 
 
(9) the tax consequences of
the property division upon the respective economic circumstances of the
parties; 

(10) contributions and services by the party
seeking maintenance to the education, training, career or career potential,
or license of the other spouse; 
 
(11) any valid agreement of
the parties; and
       
(12) any
other factor that the court expressly finds to be just and
equitable. 
 
(b) (Blank).

   
(b-5) 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) 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. 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) 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) 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) 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.

(Source: P.A. 94-89, eff. 1-1-06.) 
Sec. 505. Child
support; contempt; penalties. 
(750
ILCS 5/505) (from Ch. 40, par. 505) 
   

(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 which 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 his support, without regard to marital misconduct.
The duty of support owed to a child includes the obligation to provide for the
reasonable and necessary physical, mental and emotional health needs of the
child. For purposes of this Section, the term “child” shall include any child
under age 18 and any child under age 19 who is still attending high
school. 

(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 makes a finding that application of the
guidelines would be inappropriate, after considering the best interests of the
child in light of 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 custodial parent; 
(c) the standard of living the child would
have enjoyed had the marriage not been dissolved; 
(d) the physical
and emotional condition of the child, and his educational needs;
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. 
 
(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; 
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order; 
(h) Expenditures for repayment
of debts that represent reasonable and necessary expenses for the
production of income, 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. 
 
(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 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
non-custodial parent was properly served with a request for discovery of
financial information relating to the non-custodial parent’s ability to provide
child support, (ii) the non-custodial parent failed to comply with the request,
despite having been ordered to do so by the court, and (iii) the non-custodial
parent is not present at the hearing to determine support despite having
received proper notice, then any relevant financial information concerning the
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 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 there is a
unity of interest and ownership sufficient to render no financial separation
between a 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 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 non-custodial parent and
the person, 
     persons, or business entity
maintain records together.

 
        (2) the non-custodial
parent and the person, 
     persons, or business
entity fail to maintain an arms length relationship between themselves with
regard to any assets.
 
       
(3) the non-custodial parent transfers assets to the 

     person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent.
 
   
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. A lien arises by operation of law against the real and personal
property of the noncustodial parent for each installment of overdue support owed
by the 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 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 obligor to notify the court
and, in cases in which a party is receiving child and spouse services under
Article X of the Illinois Public Aid Code, the Department of Healthcare and
Family Services, within 7 days, (i) of the name and address of any new employer
of the obligor, (ii) whether the obligor has access to health insurance coverage
through the employer or other group coverage and, if so, the policy name and
number and the names of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the 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
non-custodial parent, service of process or provision of notice necessary in the
case may be made at the last known address of the 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 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 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. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.) 
    (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)

    Sec. 505.1. (a) Whenever it is determined in a proceeding
to establish or enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may order the person to
seek employment and report periodically to the court with a diary, listing or
other memorandum of his or her efforts in accordance with such order.
Additionally, the court may order the unemployed person to report to the
Department of Employment Security for job search services or to make application
with the local Job Training Partnership Act provider for participation in job
search, training or work programs and where the duty of support is owed to a
child receiving child support enforcement services under Article X of the
Illinois Public Aid Code, as amended, the court may order the unemployed person
to report to the Department of Healthcare and Family Services for participation
in job search, training or work programs established under Section 9-6 and
Article IXA of that Code.
    (b) Whenever it is determined
that a person owes past-due support for a child or for a child and the parent
with whom the child is living, and the child is receiving assistance under the
Illinois Public Aid Code, the court shall order at the request of the Department
of Healthcare and Family Services:

        (1) that the person pay the
past-due support in 
     accordance with a plan
approved by the court; or

 
        (2) if the person owing
past-due support is 
     unemployed, is subject to
such a plan, and is not incapacitated, that the person participate in such job
search, training, or work programs established under Section 9-6 and Article IXA
of the Illinois Public Aid Code as the court deems appropriate.

 
(Source: P.A. 95-331, eff. 8-21-07.) 
    (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)

    Sec. 505.2. Health insurance.
    (a)
Definitions. As used in this Section:

        (1) “Obligee” means the
individual to whom the duty 
     of support is
owed or the individual’s legal representative.

 
        (2) “Obligor” means the
individual who owes a duty 
     of support
pursuant to an order for support.

 
        (3) “Public office”
means any elected official or 
     any State or
local agency which is or may become responsible by law for enforcement of, or
which is or may become authorized to enforce, an order for support, including,
but not limited to: the Attorney General, the Illinois Department of Healthcare
and Family Services, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various State’s Attorneys,
Clerks of the Circuit Court and supervisors of general assistance.

 
        (4) “Child” shall have
the meaning ascribed to it in 
     Section 505.

 
    (b) Order.

        (1) Whenever the court
establishes, modifies or 
     enforces an order
for child support or for child support and maintenance the court shall include
in the order a provision for the health care coverage of the child which shall,
upon request of the obligee or Public Office, require that any child covered by
the order be named as a beneficiary of any health insurance plan that is
available to the obligor through an employer or labor union or trade union. If
the court finds that such a plan is not available to the obligor, or that the
plan is not accessible to the obligee, the court may, upon request of the
obligee or Public Office, order the obligor to name the child covered by the
order as a beneficiary of any health insurance plan that is available to the
obligor on a group basis, or as a beneficiary of an independent health insurance
plan to be obtained by the obligor, after considering the following factors:

 
           
(A) the medical needs of the child;

            (B) the
availability of a plan to meet those 

         needs; and

 
           
(C) the cost of such a plan to the obligor.

        (2) If the employer or labor
union or trade union 
     offers more than one
plan, the order shall require the obligor to name the child as a beneficiary of
the plan in which the obligor is enrolled.

 
        (3) Nothing in this
Section shall be construed to 
     limit the
authority of the court to establish or modify a support order to provide for
payment of expenses, including deductibles, copayments and any other health
expenses, which are in addition to expenses covered by an insurance plan of
which a child is ordered to be named a beneficiary pursuant to this Section.

 
    (c) Implementation and enforcement.

        (1) When the court order requires
that a minor child 
     be named as a beneficiary
of a health insurance plan, other than a health insurance plan available through
an employer or labor union or trade union, the obligor shall provide written
proof to the obligee or Public Office that the required insurance has been
obtained, or that application for insurability has been made, within 30 days of
receiving notice of the court order. Unless the obligor was present in court
when the order was issued, notice of the order shall be given pursuant to
Illinois Supreme Court Rules. If an obligor fails to provide the required proof,
he may be held in contempt of court.

 
        (2) When the court
requires that a child be named as 
     a
beneficiary of a health insurance plan available through an employer or labor
union or trade union, the court’s order shall be implemented in accordance with
the Income Withholding for Support Act.

 
        (2.5) The court shall
order the obligor to reimburse 
     the obligee
for 50% of the premium for placing the child on his or her health insurance
policy if:

 
           
(i) a health insurance plan is not available to 

         the obligor through an
employer or labor union or trade union and the court does not order the obligor
to cover the child as a beneficiary of any health insurance plan that is
available to the obligor on a group basis or as a beneficiary of an independent
health insurance plan to be obtained by the obligor; or

 
           
(ii) the obligor does not obtain medical 

         insurance for the child
within 90 days of the date of the court order requiring the obligor to obtain
insurance for the child.

 
        The provisions of
subparagraph (i) of paragraph 2.5 
     of
subsection (c) shall be applied, unless the court makes a finding that to apply
those provisions would be inappropriate after considering all of the factors
listed in paragraph 2 of subsection (a) of Section 505. 

 
        The court may order the
obligor to reimburse the 
     obligee for 100% of
the premium for placing the child on his or her health insurance policy. 

 
    (d) Failure to maintain insurance. The dollar
amount of the premiums for court-ordered health insurance, or that portion of
the premiums for which the obligor is responsible in the case of insurance
provided under a group health insurance plan through an employer or labor union
or trade union where the employer or labor union or trade union pays a portion
of the premiums, shall be considered an additional child support obligation owed
by the obligor. Whenever the obligor fails to provide or maintain health
insurance pursuant to an order for support, the obligor shall be liable to the
obligee for the dollar amount of the premiums which were not paid, and shall
also be liable for all medical expenses incurred by the child which would have
been paid or reimbursed by the health insurance which the obligor was ordered to
provide or maintain. In addition, the obligee may petition the court to modify
the order based solely on the obligor’s failure to pay the premiums for
court-ordered health insurance.
    (e) Authorization for
payment. The signature of the obligee is a valid authorization to the insurer to
process a claim for payment under the insurance plan to the provider of the
health care services or to the obligee.
    (f) Disclosure of
information. The obligor’s employer or labor union or trade union shall disclose
to the obligee or Public Office, upon request, information concerning any
dependent coverage plans which would be made available to a new employee or
labor union member or trade union member. The employer or labor union or trade
union shall disclose such information whether or not a court order for medical
support has been entered.
    (g) Employer obligations. If a
parent is required by an order for support to provide coverage for a child’s
health care expenses and if that coverage is available to the parent through an
employer who does business in this State, the employer must do all of the
following upon receipt of a copy of the order of support or order for
withholding:
        (1) The employer
shall, upon the parent’s request, 
     permit the
parent to include in that coverage a child who is otherwise eligible for that
coverage, without regard to any enrollment season restrictions that might
otherwise be applicable as to the time period within which the child may be
added to that coverage.
 
       
(2) If the parent has health care coverage through 

     the employer but fails to apply for coverage of the
child, the employer shall include the child in the parent’s coverage upon
application by the child’s other parent or the Department of Healthcare and
Family Services.
 
        (3)
The employer may not eliminate any child from 
    
the parent’s health care coverage unless the employee is no longer employed by
the employer and no longer covered under the employer’s group health plan or
unless the employer is provided with satisfactory written evidence of either of
the following:

 
           
(A) The order for support is no longer in effect.

            (B) The
child is or will be included in a 

         comparable health care plan
obtained by the parent under such order that is currently in effect or will take
effect no later than the date the prior coverage is terminated.

 
        The employer may
eliminate a child from a parent’s 
     health care
plan obtained by the parent under such order if the employer has eliminated
dependent health care coverage for all of its employees.
 
(Source:
P.A. 94-923, eff. 1-1-07; 95-331, eff. 8-21-07.) 
    (750 ILCS 5/505.3)
    Sec. 505.3.
Information to State Case Registry.
    (a) In this Section:

    “Order for support”, “obligor”, “obligee”, and “business
day” are defined as set forth in the Income Withholding for Support Act.

    “State Case Registry” means the State Case Registry
established under Section 10-27 of the Illinois Public Aid Code.

    (b) Each order for support entered or modified by the
circuit court under this Act shall require that the obligor and obligee (i) file
with the clerk of the circuit court the information required by this Section
(and any other information required under Title IV, Part D of the Social
Security Act or by the federal Department of Health and Human Services) at the
time of entry or modification of the order for support and (ii) file updated
information with the clerk within 5 business days of any change. Failure of the
obligor or obligee to file or update the required information shall be
punishable as in cases of contempt. The failure shall not prevent the court from
entering or modifying the order for support, however.
    (c)
The obligor shall file the following information: the obligor’s name, date of
birth, social security number, and mailing address.
    If
either the obligor or the obligee receives child support enforcement services
from the Department of Healthcare and Family Services under Article X of the
Illinois Public Aid Code, the obligor shall also file the following information:
the obligor’s telephone number, driver’s license number, and residential address
(if different from the obligor’s mailing address), and the name, address, and
telephone number of the obligor’s employer or employers.
   
(d) The obligee shall file the following information:

        (1) The names of the obligee and
the child or 
     children covered by the order
for support.
 
        (2) The
dates of birth of the obligee and the child 
    
or children covered by the order for support.

 
        (3) The social security
numbers of the obligee and 
     the child or
children covered by the order for support.

 
        (4) The obligee’s
mailing address.
    (e) In cases in which the obligee
receives child support enforcement services from the Department of Healthcare
and Family Services under Article X of the Illinois Public Aid Code, the order
for support shall (i) require that the obligee file the information required
under subsection (d) with the Department of Healthcare and Family Services for
inclusion in the State Case Registry, rather than file the information with the
clerk, and (ii) require that the obligee include the following additional
information:
        (1) The obligee’s
telephone and driver’s license 
     numbers.

 
        (2) The obligee’s
residential address, if different 
     from the
obligee’s mailing address.

 
        (3) The name, address,
and telephone number of the 
     obligee’s
employer or employers.
 
    The order for support
shall also require that the obligee update the information filed with the
Department of Healthcare and Family Services within 5 business days of any
change.
    (f) The clerk shall provide the information filed
under this Section, together with the court docket number and county in which
the order for support was entered, to the State Case Registry within 5 business
days after receipt of the information.
    (g) In a case in
which a party is receiving child support enforcement services under Article X of
the Illinois Public Aid Code, the clerk shall provide the following additional
information to the State Case Registry within 5 business days after entry or
modification of an order for support or request from the Department of
Healthcare and Family Services:
       
(1) The amount of monthly or other periodic support 

     owed under the order for support and other amounts,
including arrearage, interest, or late payment penalties and fees, due or
overdue under the order.

 
        (2) Any such amounts
that have been received by the 
     clerk, and the
distribution of those amounts by the clerk.
 
    (h)
Information filed by the obligor and obligee under this Section that is not
specifically required to be included in the body of an order for support under
other laws is not a public record and shall be treated as confidential and
subject to disclosure only in accordance with the provisions of this Section,
Section 10-27 of the Illinois Public Aid Code, and Title IV, Part D of the
Social Security Act.
(Source: P.A. 95-331, eff. 8-21-07.) 
    (750 ILCS 5/506) (from Ch. 40, par. 506)

    Sec. 506. Representation of child.
   
(a) Duties. In any proceedings involving the support, custody, visitation,
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 5/507) (from Ch. 40, par. 507)

    Sec. 507. Payment of maintenance or support to court.

    (a) In actions instituted under this Act, the court shall
order that maintenance and support payments be made to the clerk of court as
trustee for remittance to the person entitled to receive the payments. However,
the court in its discretion may direct otherwise where circumstances so warrant.

    (b) The clerk of court shall maintain records listing the
amount of payments, the date payments are required to be made and the names and
addresses of the parties affected by the order. For those cases in which support
is payable to the clerk of the circuit court for transmittal to the Department
of Healthcare and Family Services (formerly Illinois Department of Public Aid)
by order of the court or upon notification of the Department of Healthcare and
Family Services (formerly Illinois Department of Public Aid), and the Department
collects support by assignment, offset, withholding, deduction or other process
permitted by law, the Department shall notify the clerk of the date and amount
of such collection. Upon notification, the clerk shall record the collection on
the payment record for the case.
    (c) The parties affected
by the order shall inform the clerk of court of any change of address or of
other condition that may affect the administration of the order.

    (d) The provisions of this Section shall not apply to
cases that come under the provisions of Sections 709 through 712.

    (e) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State Disbursement Unit
under Section 507.1 of this Act and Section 10-26 of the Illinois Public Aid
Code, the requirements pertaining to the State Disbursement Unit shall apply.

(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.) 
    (750 ILCS 5/507.1)
    Sec. 507.1.
Payment of Support to State Disbursement Unit.
    (a) As
used in this Section:
    “Order for support”, “obligor”,
“obligee”, and “payor” mean those terms as defined in the Income Withholding for
Support Act, except that “order for support” shall not mean orders providing for
spousal maintenance under which there is no child support obligation.

    (b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on or after October 1,
1999 shall require that support payments be made to the State Disbursement Unit
established under Section 10-26 of the Illinois Public Aid Code if:

        (1) a party to the order is
receiving child support 
     enforcement services
under Article X of the Illinois Public Aid Code; or

 
        (2) no party to the
order is receiving child support 
     enforcement
services, but the support payments are made through income withholding.

 
    (c) Support payments shall be made to the State
Disbursement Unit if:
        (1) the
order for support was entered before October 
    
1, 1999, and a party to the order is receiving child support enforcement
services under Article X of the Illinois Public Aid Code; or

 
        (2) no party to the
order is receiving child support 
     enforcement
services, and the support payments are being made through income withholding.

 
    (c-5) If no party to the order is receiving
child support enforcement services under Article X of the Illinois Public Aid
Code, and the support payments are not made through income withholding, then
support payments shall be made as directed by the order for support.

    (c-10) At any time, and notwithstanding the existence of
an order directing payments to be made elsewhere, the Department of Healthcare
and Family Services may provide notice to the obligor and, where applicable, to
the obligor’s payor:
        (1) to make
support payments to the State 
     Disbursement
Unit if:

 
           
(A) a party to the order for support is 

         receiving child support
enforcement services under Article X of the Illinois Public Aid Code; or

 
           
(B) no party to the order for support is 

         receiving child support
enforcement services under Article X of the Illinois Public Aid Code, but the
support payments are made through income withholding; or

 
        (2) to make support
payments to the State 
     Disbursement Unit of
another state upon request of another state’s Title IV-D child support
enforcement agency, in accordance with the requirements of Title IV, Part D of
the Social Security Act and regulations promulgated under that Part D.

 
    The Department of Healthcare and Family
Services shall provide a copy of the notice to the obligee and to the clerk of
the circuit court.
    (c-15) Within 15 days after the
effective date of this amendatory Act of the 91st General Assembly, the clerk of
the circuit court shall provide written notice to the obligor to make payments
directly to the clerk of the circuit court if no party to the order is receiving
child support enforcement services under Article X of the Illinois Public Aid
Code, the support payments are not made through income withholding, and the
order for support requires support payments to be made directly to the clerk of
the circuit court. The clerk shall provide a copy of the notice to the obligee.

    (c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under this Section, the Unit
shall immediately return the payment to the sender, including, if possible,
instructions detailing where to send the support payment.
   
(d) The notices under subsections (c-10) and (c-15) may be sent by ordinary
mail, certified mail, return receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or payor using any method
provided by law for service of a summons.
(Source: P.A. 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.

 
        (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.
 
   
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.
    (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 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, upon
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 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.
 
    (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.
    (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,
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. 95-331, eff. 8-21-07.) 
    (750 ILCS 5/511) (from Ch. 40, par. 511)

    Sec. 511. Procedure. A judgment of dissolution or of
legal separation or of declaration of invalidity of marriage may be enforced or
modified by order of court pursuant to petition.
    (a) Any
judgment entered within this State may be enforced or modified in the judicial
circuit wherein such judgment was entered or last modified by the filing of a
petition with notice mailed to the respondent at his last known address, or by
the issuance of summons to the respondent. If neither party continues to reside
in the county wherein such judgment was entered or last modified, the court on
the motion of either party or on its own motion may transfer a post-judgment
proceeding, including a proceeding under the Income Withholding for Support Act,
to another county or judicial circuit, as appropriate, where either party
resides. If the post-judgment proceeding is with respect to maintenance or
support, any such transfer shall be to the county or judicial circuit wherein
the recipient or proposed recipient of such maintenance or support resides.

    (b) In any post-judgment proceeding to enforce or modify
in one judicial circuit the judgment of another judicial circuit of this State,
the moving party shall commence the proceeding by filing a petition establishing
the judgment and attaching a copy of the judgment as a part of the petition. The
parties shall continue to be designated as in the original proceeding. Notice of
the filing of the petition shall be mailed to the clerk of the court wherein the
judgment was entered and last modified in the same manner as notice is mailed
when registering a foreign judgment. Summons shall be served as provided by law.

    (c) In any post-judgment proceeding to enforce or modify
the judgment of another state, the moving party shall commence the proceeding by
filing a petition to enroll that judgment, attaching a copy thereof as a part of
the petition and proceed as provided for in paragraph (b) hereof.

    (d) In any post-judgment proceeding to enforce a judgment
or order for payment of maintenance or support, including a proceeding under the
Income Withholding for Support Act, where the terms of such judgment or order
provide that payments of such maintenance or support are to be made to the clerk
of the court and where neither party continues to reside in the county wherein
such judgment or order was entered or last modified, the court on the motion of
either party or on its own motion may transfer the collection of the maintenance
or support to the clerk of the court in another county or judicial circuit, as
appropriate, wherein the recipient of the maintenance or support payments
resides.
(Source: P.A. 90-673, eff. 1-1-99.) 
    (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 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 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 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. Support for Non-minor 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 support of the child or children of the
parties 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.
 
    (b) In making awards
under 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 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.
(Source: P.A. 95-954, eff. 8-29-08.) 
    (750 ILCS 5/514) (from Ch. 40, par. 514)

    Sec. 514. Partition of Real Estate.) A court having
jurisdiction in an action for dissolution of marriage may, upon petition of one
of the parties, hear and decide an action for partition subject to the
provisions of Article XVII of the Code of Civil Procedure, as now or hereafter
amended, except as otherwise provided in this Act.
(Source: P.A.
82-783.) 
    (750 ILCS 5/515) (from Ch. 40, par. 515)

    Sec. 515. Partition to be Filed in Counties where Real
Estate Located.) A court hearing an action for partition pursuant to Section 514
of this Act may determine and declare the rights, titles and interests of all
parties to that action without regard to the location within this State of the
land in question. However, if the land in question is located in a county other
than that in which the dissolution of marriage action is commenced, notice of
the action for partition and a certified copy of the judgment of dissolution of
marriage must be filed, by the party filing the petition for partition, in the
office of the recorder or registrar of titles in each county, other than that
where the action is brought, where any part of the land in question is located.

(Source: P.A. 83-358.) 
    (750 ILCS 5/516) (from Ch. 40, par. 516)

    Sec. 516. Public Aid collection fee. In all cases
instituted by the Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) on behalf of a child or spouse, other than
one receiving a grant of financial aid under Article IV of The Illinois Public
Aid Code, on whose behalf an application has been made and approved for child
support enforcement services as provided by Section 10-1 of that Code, the court
shall impose a collection fee on the individual who owes a child or spouse
support obligation in an amount equal to 10% of the amount so owed as long as
such collection is required by federal law, which fee shall be in addition to
the support obligation. The imposition of such fee shall be in accordance with
provisions of Title IV, Part D, of the Social Security Act and regulations duly
promulgated thereunder. The fee shall be payable to the clerk of the circuit
court for transmittal to the Department of Healthcare and Family Services and
shall continue until child support enforcement services are terminated by that
Department.
(Source: P.A. 95-331, eff. 8-21-07.) 
    (750 ILCS 5/517)
    Sec. 517.
Notice of child support enforcement services. The Department of Healthcare and
Family Services may provide notice at any time to the parties to an action filed
under this Act that child support enforcement services are being provided by the
Department under Article X of the Illinois Public Aid Code. The notice shall be
sent by regular mail to the party’s last known address on file with the clerk of
the court or the State Case Registry established under Section 10-27 of the
Illinois Public Aid Code. After notice is provided pursuant to this Section, the
Department shall be entitled, as if it were a party, to notice of any further
proceedings brought in the case. The Department shall provide the clerk of the
court with copies of the notices sent to the parties. The clerk shall file the
copies in the court file.
(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff.
8-21-07.)
      (750 ILCS 5/Pt. VI heading)
PART VI

CUSTODY
    (750 ILCS 5/601) (from Ch. 40, par. 601)

    Sec. 601. Jurisdiction; Commencement of Proceeding.

    (a) A court of this State competent to decide child
custody matters has jurisdiction to make a child custody determination 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 child custody proceeding is commenced in the court:

        (1) by a parent, by filing a
petition:
           
(i) for dissolution of marriage or legal 

         separation or declaration
of invalidity of marriage; or

 
           
(ii) for custody of the child, in the county in 

         which he is permanently
resident or found;
 
        (2)
by a person other than a parent, by filing a 
    
petition for custody of the child in the county in which he is permanently
resident or found, but only if he is not in the physical custody of one of his
parents; or
 
        (3) by a
stepparent, by filing a petition, if all of 
    
the following circumstances are met:

 
           
(A) the child is at least 12 years old;

            (B) the
custodial parent and stepparent were 

         married for at least 5
years during which the child resided with the parent and stepparent;

 
           
(C) the custodial parent is deceased or is 

         disabled and cannot perform
the duties of a parent to the child;

 
           
(D) the stepparent provided for the care, 

         control, and welfare to the
child prior to the initiation of custody proceedings;

 
           
(E) the child wishes to live with the 

         stepparent; and

 
           
(F) it is alleged to be in the best interests 

         and welfare of the child to
live with the stepparent as provided in Section 602 of this Act.

 
        (4) When one of the
parents is deceased, by a 
     grandparent who is
a parent or stepparent 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 deceased 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 Article 12 of the Criminal Code of 1961 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) Notice
of a child custody proceeding, including an action for modification of a
previous custody order, shall be given to the child’s parents, guardian and
custodian, who may appear, be heard, and file a responsive pleading. The court,
upon showing of good cause, may permit intervention of other interested parties.

    (d) Proceedings for modification of a previous custody
order commenced more than 30 days following the entry of a previous custody
order must be initiated by serving a written notice and a copy of the petition
for modification upon the child’s parent, guardian and custodian at least 30
days prior to hearing on the petition. Nothing in this Section shall preclude a
party in custody modification proceedings from moving for a temporary order
under Section 603 of this Act.
    (e)
(Blank).
    (f) The court shall, at the court’s discretion or
upon the request of any party entitled to petition for custody of the child,
appoint a guardian ad litem to represent the best interest of the child for the
duration of the custody proceeding or for any modifications of any custody
orders entered. Nothing in this Section shall be construed to prevent the court
from appointing the same guardian ad litem for 2 or more children that are
siblings or half-siblings.
(Source: P.A. 93-108, eff. 1-1-04; 93-1026, eff.
1-1-05.) 
    (750 ILCS 5/601.5)
    Sec. 601.5.
Training. The chief circuit judge or designated presiding judge may approve 3
hours of training for guardians ad litem appointed under Section 601 of this
Act, professional personnel appointed under Section 604 of this Act, evaluators
appointed under Section 604.5 of this Act, and investigators appointed under
Section 605 of this Act. This training shall include a component on the dynamics
of domestic violence and its effect on parents and children.
(Source: P.A.
94-377, eff. 7-29-05; 95-331, eff. 8-21-07.)
    (750 ILCS 5/602) (from Ch. 40, par. 602)

    Sec. 602. Best Interest of Child.
   
(a) The court shall determine custody in accordance with the best interest of
the child. The court shall consider all relevant factors including:

        (1) the wishes of the child’s
parent or parents as 
     to his custody;

 
        (2) the wishes of the
child as to his custodian;
        (3)
the interaction and interrelationship of the 
    
child with his parent or parents, his siblings and any other person who may
significantly affect the child’s best interest;

 
        (4) the child’s
adjustment to his home, school and 
     community;

 
        (5) the mental and
physical health of all 
     individuals involved;

 
        (6) the physical
violence or threat of physical 
     violence by
the child’s potential custodian, whether directed against the child or directed
against another person;
 
       
(7) the occurrence of ongoing or repeated abuse as 

     defined in Section 103 of the Illinois Domestic
Violence Act of 1986, whether directed against the child or directed against
another person;
 
        (8) the
willingness and ability of each parent to 
    
facilitate and encourage a close and continuing relationship between the other
parent and the child;
 
       
(9) whether one of the parents is a sex offender; and

        (10) 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. 
 
    In the case
of a custody proceeding in which a stepparent has standing under Section 601, it
is presumed to be in the best interest of the minor child that the natural
parent have the custody of the minor child unless the presumption is rebutted by
the stepparent.
    (b) The court shall not consider conduct
of a present or proposed custodian that does not affect his relationship to the
child.
    (c) Unless the court finds the occurrence of
ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of
1986, the court shall presume that the maximum involvement and cooperation of
both parents regarding the physical, mental, moral, and emotional well-being of
their child is in the best interest of the child. There shall be no presumption
in favor of or against joint custody.
(Source: P.A. 95-331, eff. 8-21-07;
96-676, eff. 1-1-10.) 
    (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)

    Sec. 602.1. (a) The dissolution of marriage, the
declaration of invalidity of marriage, the legal separation of the parents, or
the parents living separate and apart shall not diminish parental powers,
rights, and responsibilities except as the court for good reason may determine
under the standards of Section 602.
    (b) Upon the
application of either or both parents, or upon its own motion, the court shall
consider an award of joint custody. Joint custody means custody determined
pursuant to a Joint Parenting Agreement or a Joint Parenting Order. In such
cases, the court shall initially request the parents to produce a Joint
Parenting Agreement. Such Agreement shall specify each parent’s powers, rights
and responsibilities for the personal care of the child and for major decisions
such as education, health care, and religious training. The Agreement shall
further specify a procedure by which proposed changes, disputes and alleged
breaches may be mediated or otherwise resolved and shall provide for a periodic
review of its terms by the parents. In producing a Joint Parenting Agreement,
the parents shall be flexible in arriving at resolutions which further the
policy of this State as expressed in Sections 102 and 602. For the purpose of
assisting the court in making a determination whether an award of joint custody
is appropriate, the court may order mediation and may direct that an
investigation be conducted pursuant to the provisions of Section 605. If there
is a danger to the health or safety of a partner, joint mediation shall not be
required by the court. In the event the parents fail to produce a Joint
Parenting Agreement, the court may enter an appropriate Joint Parenting Order
under the standards of Section 602 which shall specify and contain the same
elements as a Joint Parenting Agreement, or it may award sole custody under the
standards of Sections 602, 607, and 608.
    (c) The court
may enter an order of joint custody if it determines that joint custody would be
in the best interests of the child, taking into account the following:

        (1) the ability of the parents to
cooperate 
     effectively and consistently in
matters that directly affect the joint parenting of the child. “Ability of the
parents to cooperate” means the parents’ capacity to substantially comply with a
Joint Parenting Order. The court shall not consider the inability of the parents
to cooperate effectively and consistently in matters that do not directly affect
the joint parenting of the child;

 
        (2) The residential
circumstances of each parent; and
       
(3) all other factors which may be relevant to the 

     best interest of the child.

 
    (d) Nothing within this section shall imply or
presume that joint custody shall necessarily mean equal parenting time. The
physical residence of the child in joint custodial situations shall be
determined by:
        (1) express
agreement of the parties; or
        (2)
order of the court under the standards of this 

     Section.
 
    (e)
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 is not the child’s custodial parent; however, no parent shall have access
to the school records of a child if the parent is prohibited by an order of
protection from inspecting or obtaining such records pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended or pursuant to the
Code of Criminal Procedure of 1963. 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 that order of
protection.
(Source: P.A. 95-912, eff. 1-1-09; 96-651, eff. 1-1-10.) 
    (750 ILCS 5/603) (from Ch. 40, par. 603)

    Sec. 603. Temporary Orders.
    (a) A
party to a custody proceeding, including a proceeding to modify custody, may
move for a temporary custody order. The court may award temporary custody under
the standards of Section 602 and the standards and procedures of Section 602.1,
after a hearing, or, if there is no objection, solely on the basis of the
affidavits.
    (b) If a proceeding for dissolution of
marriage or legal separation or declaration of invalidity of marriage is
dismissed, any temporary custody order is vacated unless a parent or the child’s
custodian moves that the proceeding continue as a custody proceeding and the
court finds, after a hearing, that the circumstances of the parents and the best
interest of the child requires that a custody judgment be issued.

    (c) If a custody proceeding commenced in the absence of a
petition for dissolution of marriage or legal separation, under either
subparagraph (ii) of paragraph (1), or paragraph (2), of subsection (d) of
Section 601, is dismissed, any temporary custody order is vacated.
(Source:
P.A. 86-530; 87-1255.) 
    (750 ILCS 5/604) (from Ch. 40, par. 604)

    Sec. 604. Interviews.) (a) The court may interview the
child in chambers to ascertain the child’s wishes as to his custodian and as to
visitation. Counsel shall be present at the interview unless otherwise agreed
upon by the parties. The court shall cause a court reporter to be present who
shall make a complete record of the interview instantaneously to be part of the
record in the case.
    (b) The court may seek the advice of
professional personnel, 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 personnel consulted by the
court, designated as a court’s witness.
(Source: P.A. 80-923.) 
    (750 ILCS 5/604.5)
    Sec. 604.5.
Evaluation of child’s best interest.
    (a) In a proceeding
for custody, visitation, or removal of a child from Illinois, upon notice and
motion made within a reasonable time before trial, the court may order an
evaluation concerning the best interest of the child as it relates to custody,
visitation, or removal. The motion may be made by a party, a parent, the child’s
custodian, the attorney for the child, the child’s guardian ad litem, or the
child’s representative. The requested evaluation may be in place of or in
addition to an evaluation conducted under subsection (b) of Section 604.

    The motion shall state the identity of the proposed
evaluator and set forth the evaluator’s specialty or discipline. The court may
refuse to order an evaluation by the proposed evaluator, but in that event, the
court may permit the party seeking the evaluation to propose one or more other
evaluators.
    (b) An order for an evaluation shall fix the
time, place, conditions, and scope of the evaluation and shall designate the
evaluator. A party or person shall not be required to travel an unreasonable
distance for the evaluation.
    (c) The person requesting an
evaluator shall pay the fee for the evaluation unless otherwise ordered by the
court.
    (d) Within 21 days after the completion of the
evaluation, if the moving party or person intends to call the evaluator as a
witness, the evaluator shall prepare and mail or deliver to the attorneys of
record duplicate originals of the written evaluation. The evaluation shall set
forth the evaluator’s findings, the results of all tests administered, and the
evaluator’s conclusions and recommendations. If the written evaluation is not
delivered or mailed to the attorneys within 21 days or within any extensions or
modifications granted by the court, the written evaluation and the evaluator’s
testimony, conclusions, and recommendations may not be received into evidence.

    (e) The person calling an evaluator to testify at trial
shall disclose the evaluator as an opinion witness in accordance with the
Supreme Court Rules.
    (f) Subject to compliance with the
Supreme Court Rules, nothing in this Section bars a person who did not request
the evaluation from calling the evaluator as a witness. In that case, however,
that person shall pay the evaluator’s fee for testifying unless otherwise
ordered by the court.
(Source: P.A. 91-746, eff. 6-2-00.) 
    (750 ILCS 5/605) (from Ch. 40, par. 605)

    Sec. 605. Investigations and Reports. (a) In contested
custody proceedings, and in other custody proceedings if a parent or the child’s
custodian so requests, the court may order an investigation and report
concerning custodial arrangements for the child. The investigation and report
may be made by a child welfare agency approved by the Department of Children and
Family Services, but shall not be made by that Department unless the court
determines either that there is no child welfare agency available or that the
parent or the child’s custodian is financially unable to pay for the
investigation or report.
    (b) In preparing his report
concerning a child, the investigator may consult any person who may have
information about the child and his potential custodial arrangements. Under
order of the court, the investigator may refer the child to professional
personnel for diagnosis. The investigator may consult with and obtain
information from medical, psychiatric or other expert persons who have served
the child in the past, without obtaining the consent of the parent or the
child’s custodian. The child’s consent must be obtained if he has reached the
age of 16, unless the court finds that he lacks mental capacity to consent.

    (c) The investigator shall mail the report to counsel,
and to any party not represented by counsel, at least 10 days prior to the
hearing. The court may examine and consider the investigator’s report in
determining custody. The investigator shall make available to counsel, and to
any party not represented by counsel, the investigator’s file of underlying
data, reports, and the complete texts of diagnostic reports made to the
investigator pursuant to the provisions of subsection (b) of this Section, and
the names and addresses of all persons whom the investigator has consulted. Any
party to the proceeding may call the investigator, or any person whom he has
consulted, as a court’s witness, for cross-examination. A party may not waive
his right of cross-examination prior to the hearing.
(Source: P.A.
86-659.) 
    (750 ILCS 5/606) (from Ch. 40, par. 606)

    Sec. 606. Hearings.
    (a) Custody
proceedings shall receive priority in being set for hearing.

    (b) The court may tax as costs the payment of necessary
travel and other expenses incurred by any person whose presence at the hearing
the court deems necessary to determine the best interest of the child.

    (c) The court, without a jury, shall determine questions
of law and fact. If it finds that a public hearing may be detrimental to the
child’s best interest, the court may exclude the public from a custody hearing,
but may admit any person who has a direct and legitimate interest in the
particular case or a legitimate educational or research interest in the work of
the court.
    (d) If the court finds it necessary, in order
to protect the child’s welfare, that the record of any interview, report,
investigation, or testimony in a custody proceeding be kept secret, the court
may make an appropriate order sealing the record.
    (e)
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 custody of or visitation with the child. 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.
(Source: P.A.
87-1081.) 
    (750 ILCS 5/607) (from Ch. 40, par. 607)

    Sec. 607. Visitation.
    (a) A parent
not granted custody of the child is entitled to reasonable visitation rights
unless the court finds, after a hearing, that visitation would endanger
seriously the child’s physical, mental, moral or emotional health. If the
custodian’s street address is not identified, pursuant to Section 708, the court
shall require the parties to identify reasonable alternative arrangements for
visitation by a non-custodial parent, including but not limited to visitation of
the minor child at the residence of another person or at a local public or
private facility.
        (1)
“Visitation” means in-person time spent between a 

     child and the child’s parent. In appropriate
circumstances, it may include electronic communication under conditions and at
times determined by the court.

 
        (2) “Electronic
communication” means time that a 
     parent
spends with his or her child during which the child is not in the parent’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. 
 
    (a-3)
Grandparents, great-grandparents, and siblings of a minor child, who is one year
old or older, have standing to bring an action in circuit court by petition,
requesting visitation in accordance with this Section. The term “sibling” in
this Section means a brother, sister, stepbrother, or stepsister of the minor
child. Grandparents, great-grandparents, and siblings also have standing to file
a petition for visitation and any electronic communication rights in a pending
dissolution proceeding or any other proceeding that involves custody or
visitation issues, requesting visitation in accordance with this Section. A
petition for visitation with a child by a person other than a parent must be
filed in the county in which the child resides. Nothing in this subsection (a-3)
and subsection (a-5) of this Section shall apply to a child in whose interests a
petition is pending under Section 2-13 of the Juvenile Court Act of 1987 or a
petition to adopt an unrelated child is pending under the Adoption
Act.
    (a-5)(1) Except as otherwise provided in this
subsection (a-5), any grandparent, great-grandparent, or sibling may file a
petition for visitation rights to a minor child if there is an unreasonable
denial of visitation by a parent and at least one of the following conditions
exists:
        (A)
(Blank);
        (A-5) the child’s other
parent is deceased or has 
     been missing for at
least 3 months. For the purposes of this Section 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; 

 
        (A-10) a parent of the
child is incompetent as a 
     matter of
law; 
 
        (A-15) a
parent has been incarcerated in jail or 
    
prison during the 3 month period preceding the filing of the petition; 

 
        (B) the child’s mother
and father are divorced 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 custody or
visitation of the child (other than any adoption proceeding of an unrelated
child) and at least one parent does not object to the grandparent,
great-grandparent, or sibling having visitation with the child. The visitation
of the grandparent, great-grandparent, or sibling must not diminish the
visitation of the parent who is not related to the grandparent,
great-grandparent, or sibling seeking visitation;

 
        (C)
(Blank);
        (D) the child is born out
of wedlock, the parents are 
     not living
together, and the petitioner is a maternal grandparent, great-grandparent, or
sibling of the child born out of wedlock; or

 
        (E) the child is born
out of wedlock, the parents are 
     not living
together, the petitioner is a paternal grandparent, great-grandparent, or
sibling, and the paternity has been established by a court of competent
jurisdiction.
 
    (2) Any visitation rights granted
pursuant to this 
     Section before the filing of
a petition for adoption of a 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 pursuant to this Section requesting visitation with the child. 

 
    (3) In making a determination under this
subsection 
     (a-5), there is a rebuttable
presumption that a fit parent’s actions and decisions regarding grandparent,
great-grandparent, or sibling 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 times are harmful to the child’s mental, physical, or emotional
health.
 
    (4) In determining whether to grant
visitation, the 
     court shall consider the
following:
 
        (A) the
preference of the child if the child is 
    
determined to be of sufficient maturity to express a preference;

 
        (B) the mental and
physical health of the child;
        (C)
the mental and physical health of the 
    
grandparent, great-grandparent, or sibling;

 
        (D) the length and
quality of the prior relationship 
     between the
child and the grandparent, great-grandparent, or sibling;

 
        (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) whether the child
resided with the petitioner for 
     at least 6
consecutive months with or without the current custodian present;

 
        (I) whether the
petitioner had frequent or regular 
     contact or
visitation with the child for at least 12 consecutive months; 

 
        (J) any other fact that
establishes that the loss of 
     the relationship
between the petitioner and the child is likely to harm the child’s mental,
physical, or emotional health; and

 
        (K) whether the
grandparent, great-grandparent, or 
     sibling
was a primary caretaker of the child for a period of not less than 6 consecutive
months. 
 
    (5) The court may order
visitation rights for the 
     grandparent,
great-grandparent, or sibling that include reasonable access without requiring
overnight or possessory visitation. 
 
   
(a-7)(1) Unless by stipulation of the parties, no motion to modify a
grandparent, great-grandparent, or sibling 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, or sibling 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,
that a change has occurred in the circumstances of the child or his or her
custodian, 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, or sibling visitation. A child’s parent
may always petition to modify visitation upon changed circumstances when
necessary to promote the child’s best interest.
 
   
(3) Attorney 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.
 
    (4) Notice under this subsection
(a-7) shall be given as 
     provided in
subsections (c) and (d) of Section 601. 
 
   
(b) (1) (Blank.)
    (1.5) The Court may grant reasonable
visitation privileges to a stepparent upon petition to the court by the
stepparent, with notice to the parties required to be notified under Section 601
of this Act, if the court determines that it is in the best interests and
welfare of the child, and may issue any necessary orders to enforce those
visitation privileges. A petition for visitation privileges may be filed under
this paragraph (1.5) whether or not a petition pursuant to this Act has been
previously filed or is currently pending if the following circumstances are met:

        (A) the child is at least 12
years old;
        (B) the child resided
continuously with the parent 
     and stepparent
for at least 5 years;
 
       
(C) the parent is deceased or is disabled and is 

     unable to care for the child;

 
        (D) the child wishes to
have reasonable visitation 
     with the
stepparent; and
 
        (E) the
stepparent was providing for the care, 
    
control, and welfare to the child prior to the initiation of the petition for
visitation.
 
    (2)(A) A petition for visitation
privileges shall not be filed pursuant to this subsection (b) by the parents or
grandparents of a putative father if the paternity of the putative father has
not been legally established.
    (B) A petition for
visitation privileges may not be filed under this subsection (b) if the child
who is the subject of the grandparents’ or great-grandparents’ petition has been
voluntarily surrendered by the parent or parents, except for a surrender to the
Illinois Department of Children and Family Services or a foster care facility,
or has been previously adopted by an individual or individuals who are not
related to the biological parents of the child or is the subject of a pending
adoption petition by an individual or individuals who are not related to the
biological parents of the child.
    (3) (Blank).

    (c) The court may modify an order granting or denying
visitation rights of a parent whenever modification would serve the best
interest of the child; but the court shall not restrict a parent’s visitation
rights unless it finds that the visitation would endanger seriously the child’s
physical, mental, moral or emotional health.
    (d) If any
court has entered an order prohibiting a non-custodial parent of a child from
any contact with a child or restricting the non-custodial parent’s contact with
the child, the following provisions shall apply:

        (1) If an order has been entered
granting visitation 
     privileges with the child
to a grandparent or great-grandparent who is related to the child through the
non-custodial parent, the visitation privileges of the grandparent or
great-grandparent may be revoked if:

 
           
(i) a court has entered an order prohibiting the 

         non-custodial parent from
any contact with the child, and the grandparent or great-grandparent is found to
have used his or her visitation privileges to facilitate contact between the
child and the non-custodial parent; or

 
           
(ii) a court has entered an order restricting 

         the non-custodial parent’s
contact with the child, and the grandparent or great-grandparent is found to
have used his or her visitation privileges to facilitate contact between the
child and the non-custodial parent in a manner that violates the terms of the
order restricting the non-custodial parent’s contact with the child.

 
        Nothing in this
subdivision (1) limits the authority 
     of the
court to enforce its orders in any manner permitted by law.

 
        (2) Any order granting
visitation privileges with 
     the child to a
grandparent or great-grandparent who is related to the child through the
non-custodial parent shall contain the following provision:

 
        “If the (grandparent or
great-grandparent, whichever 
     is applicable)
who has been granted visitation privileges under this order uses the visitation
privileges to facilitate contact between the child and the child’s non-custodial
parent, the visitation privileges granted under this order shall be permanently
revoked.”
 
    (e) No parent, not granted custody of
the child, or grandparent, or great-grandparent, or stepparent, or sibling of
any minor child, 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 Article 12 of the Criminal Code of 1961, is entitled
to visitation rights 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.
    (f) Unless the court
determines, after considering all relevant factors, including but not limited to
those set forth in Section 602(a), 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 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.
    (g) (Blank).

(Source: P.A. 96-331, eff. 1-1-10.) 
    (750 ILCS 5/607.1) (from Ch. 40, par. 607.1)

    Sec. 607.1. Enforcement of visitation orders; visitation
abuse.
    (a) The circuit court shall provide an expedited
procedure for enforcement of court ordered visitation in cases of visitation
abuse. Visitation abuse occurs when a party has willfully and without
justification: (1) denied another party visitation as set forth by the court; or
(2) exercised his or her visitation rights in a manner that is harmful to the
child or child’s custodian.
    (b) An Action may be
commenced by filing a petition setting forth: (i) the petitioner’s name,
residence address or mailing address, and telephone number; (ii) respondent’s
name and place of residence, place of employment, or mailing address; (iii) the
nature of the visitation abuse, giving dates and other relevant information;
(iv) that a reasonable attempt was made to resolve the dispute; and (v) the
relief sought.
    Notice of the filing of the petitions
shall be given as provided in Section 511.
    (c) After
hearing all of the evidence, the court may order one or more of the following:

        (1) Modification of the
visitation order to 
     specifically outline
periods of visitation or restrict visitation as provided by law.

 
        (2) Supervised
visitation with a third party or 
     public
agency.
 
        (3) Make up
visitation of the same time period, such 
     as
weekend for weekend, holiday for holiday.

 
        (4) Counseling or
mediation, except in cases where 
     there is
evidence of domestic violence, as defined in Section 1 of the Domestic Violence
Shelters Act, occurring between the parties.

 
        (5) Other appropriate
relief deemed equitable.
    (d) Nothing contained in this
Section shall be construed to limit the court’s contempt power, except as
provided in subsection (g) of this Section.
    (e) When the
court issues an order holding a party in contempt of court for violation of a
visitation 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.
    (f) Attorney fees and costs shall
be assessed against a party if the court finds that the enforcement action is
vexatious and constitutes harassment.
    (g) A person
convicted of unlawful visitation or parenting time interference under Section
10-5.5 of the Criminal Code of 1961 shall not be subject to the provisions of
this Section and the court may not enter a contempt order for visitation abuse
against any person for the same conduct for which the person was convicted of
unlawful visitation interference or subject that person to the sanctions
provided for in this Section.
(Source: P.A. 96-333, eff. 8-11-09; 96-675,
eff. 8-25-09.) 
    (750 ILCS 5/608) (from Ch. 40, par. 608)

    Sec. 608. Judicial Supervision.
   
(a) Except as otherwise agreed by the parties in writing at the time of the
custody judgment or as otherwise ordered by the court, the custodian may
determine the child’s upbringing, including but not limited to, his education,
health care and religious training, unless the court, after hearing, finds, upon
motion by the noncustodial parent, that the absence of a specific limitation of
the custodian’s authority would clearly be contrary to the best interests of the
child.
    (b) If both parents or all contestants agree to
the order, or if the court finds that in the absence of agreement the child’s
physical health would be endangered or his emotional development significantly
impaired, the court may order the Department of Children and Family Services to
exercise continuing supervision over the case to assure that the custodial or
visitation terms of the judgment are carried out. Supervision shall be carried
out under the provisions of Section 5 of the Children and Family Services Act.

    (c) The court may order individual counseling for the
child, family counseling for one or more of the parties and the child, or
parental education for one or more of the parties, when it finds one or more of
the following:
        (1) both parents or
all parties agree to the order;
       
(2) the court finds that the child’s physical health 

     is endangered or his or her emotional development
is impaired including, but not limited to, a finding of visitation abuse as
defined by Section 607.1; or

 
        (3) the court finds
that one or both of the parties 
     have violated
the joint parenting agreement with regard to conduct affecting or in the
presence of the child.
 
    (d) If the court finds
that one or more of the parties 
     has violated
an order of the court with regards to custody, visitation, or joint parenting,
the court shall assess the costs of counseling against the violating party or
parties. Otherwise, the court may apportion the costs between the parties as
appropriate.
 
    (e) The remedies provided in this
Section are in addition 
     to, and shall not
diminish or abridge in any way, the court’s power to exercise its authority
through contempt or other proceedings. 
 
   
(f) All counseling sessions shall be confidential. The communications in
counseling shall not be used in any manner in litigation nor relied upon by any
expert appointed by the court or retained by any party.
(Source: P.A.
94-640, eff. 1-1-06.) 
    (750 ILCS 5/609) (from Ch. 40, par. 609)

    Sec. 609. Leave to Remove
Children.)
    (a) The court may grant leave, before or after
judgment, to any party having custody of any minor child or children to remove
such child or children from Illinois whenever such approval is in the best
interests of such child or children. The burden of proving that such removal is
in the best interests of such child or children is on the party seeking the
removal. When such removal is permitted, the court may require the party
removing such child or children from Illinois to give reasonable security
guaranteeing the return of such children.
    (b) Before a
minor child is temporarily removed from Illinois, the parent responsible for the
removal shall inform the other parent, or the other parent’s attorney, of the
address and telephone number where the child may be reached during the period of
temporary removal, and the date on which the child shall return to Illinois.

    The State of Illinois retains jurisdiction when the minor
child is absent from the State pursuant to this subsection.

    (c) The court may not use the availability of electronic
communication as a factor in support of a removal of a child by the custodial
parent from Illinois.
(Source: P.A. 96-331, eff. 1-1-10.) 
    (750 ILCS 5/609.5)
    Sec. 609.5.
Notification of remarriage or residency with a sex offender. A parent who
intends to marry or reside with a sex offender, and knows or should know that
the person with whom he or she intends to marry or reside is a sex offender,
shall provide reasonable notice to the other parent with whom he or she has a
minor child prior to the marriage or the commencement of the residency.

(Source: P.A. 94-643, eff. 1-1-06.)
    (750 ILCS 5/610) (from Ch. 40, par. 610)

    Sec. 610. Modification.
    (a) Unless
by stipulation of the parties or except as provided in subsection (a-5), no
motion to modify a custody judgment 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 physical, mental, moral or emotional health.

    (a-5) A motion to modify a custody judgment 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.
    (b) The court
shall not modify a prior custody judgment unless it finds by clear and
convincing evidence, upon the basis of facts that have arisen since the prior
judgment or that were unknown to the court at the time of entry of the prior
judgment, that a change has occurred in the circumstances of the child or his
custodian, or in the case of a joint custody arrangement that a change has
occurred in the circumstances of the child or either or both parties having
custody, and that the modification is necessary to serve the best interest of
the child. The existence of facts requiring notice to be given under Section
609.5 of this Act shall be considered a change in circumstance. In the case of
joint custody, if the parties agree to a termination of a joint custody
arrangement, the court shall so terminate the joint custody and make any
modification which is in the child’s best interest. The court shall state in its
decision specific findings of fact in support of its modification or termination
of joint custody if either parent opposes the modification or termination.

    (c) Attorney fees and costs shall be assessed against a
party seeking modification if the court finds that the modification action is
vexatious and constitutes harassment.
    (d) Notice under
this Section shall be given as provided in subsections (c) and (d) of Section
601.
    (e) A party’s absence, relocation, or failure to
comply with the court’s orders on custody, visitation, or parenting time may
not, by itself, be sufficient to justify a modification of a prior order if the
reason for the absence, relocation, or failure to comply is the party’s
deployment as a member of the United States Armed Forces.
(Source: P.A.
96-676, eff. 1-1-10.) 
    (750 ILCS 5/611) (from Ch. 40, par. 611)

    Sec. 611. Enforcement of custody order or order
prohibiting removal of child from the jurisdiction of the court.

    (a) The court may enter a judgment to enforce a custody
order or a court order prohibiting removal of the child from the jurisdiction of
the court if it finds that the respondent has violated the terms of the court
order by having improperly removed the child from the physical custody of the
petitioner or another person entitled to custody or by having improperly
retained the child after a visit or other temporary relinquishment of physical
custody.
    If the general whereabouts of the child are
known, the judgment shall direct any sheriff or law enforcement officer to
provide assistance to the petitioner in apprehending the child and shall further
authorize any child care personnel, babysitter, teacher or any person having
physical custody of the child to surrender the child to such sheriff or law
enforcement officer.
    (b) The court may enter a judgment
pursuant to subsection (a) of this Section without prior notice to the
respondent if the court finds that prior notice would be likely to cause the
respondent’s flight from the jurisdiction or cause further removal or
concealment of the child. If an ex parte order is entered pursuant to this
subsection, the respondent may, upon 2 days notice to the petitioner or upon
such shorter notice as the court may prescribe, appear and move for the
dissolution or modification of the judgment and in that event the court shall
proceed to hear and determine such motion as expeditiously as possible.

    (c) Nothing contained in this Section shall be construed
to limit the court’s contempt power.
(Source: P.A. 83-1396.) 
      (750 ILCS 5/Pt. VII heading)
PART VII

MISCELLANEOUS
    (750 ILCS 5/701) (from Ch. 40, par. 701)

    Sec. 701. Marital Residence – Order Granting Possession
to Spouse.) 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 their 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 of injunction,
mandatory or restraining, 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. No such order shall in
any manner affect any estate in homestead property of either party.
(Source:
P.A. 80-923.) 
    (750 ILCS 5/702) (from Ch. 40, par. 702)

    Sec. 702. Maintenance in Case of Bigamy.) When a
dissolution of marriage is granted to a person who shall, in good faith, have
intermarried with a person having at the time of such marriage, another spouse
or spouses living, the court may, nevertheless, allow the petitioner maintenance
in the same manner as in other cases of dissolution of marriage; but no such
allowance shall be made as will be inconsistent with the rights of such other
spouse or spouses, which shall first be ascertained by the court before the
granting of such maintenance.
(Source: P.A. 80-923.) 
    (750 ILCS 5/703) (from Ch. 40, par. 703)

    Sec. 703. Lien of judgment – Sales.) Whenever, in any
case of dissolution of marriage, a judgment orders that maintenance be made, a
lien on any real estate to arise to secure the payment of any money to become
due by installments, and a sale of such real estate to be made if necessary to
satisfy any of such installments, the property shall be sold subject to the lien
of the installments not then due, unless the court shall at the same time direct
otherwise, and subsequent sales may, from time to time, be made to enforce such
lien as the installments may become due, until all installments are paid.

(Source: P.A. 81-231.) 
    (750 ILCS 5/704) (from Ch. 40, par. 704)

    Sec. 704. Public Aid Provisions.) Except as provided in
Sections 709 through 712, if maintenance, child support or both, is awarded to
persons who are recipients of aid under “The Illinois Public Aid Code”, the
court shall direct the husband or wife, as the case may be, to make the payments
to (1) the Department of Healthcare and Family Services if the persons are
recipients under Articles III, IV or V of the Code, or (2) the local
governmental unit responsible for their support if they are recipients under
Article VI or VII of the Code. The order shall permit the Department of
Healthcare and Family Services or the local governmental unit, as the case may
be, to direct that subsequent payments be made directly to the former spouse,
the children, or both, or to some person or agency in their behalf, upon removal
of the former spouse or children from the public aid rolls; and upon such
direction and removal of the recipients from the public aid rolls, the
Department or local governmental unit, as the case requires, shall give written
notice of such action to the court.
(Source: P.A. 95-331, eff.
8-21-07.) 
    (750 ILCS 5/705) (from Ch. 40, par. 705)

    Sec. 705. Support payments; receiving and disbursing
agents.
    (1) The provisions of this Section shall apply,
except as provided in Sections 709 through 712.
    (2) In a
dissolution of marriage action filed in a county of less than 3 million
population in which an order or judgment for child support is entered, and in
supplementary proceedings in any such county to enforce or vary the terms of
such order or judgment arising out of an action for dissolution of marriage
filed in such county, the court, except as it otherwise orders, under subsection
(4) of this Section, may direct that child support payments be made to the clerk
of the court.
    (3) In a dissolution of marriage action
filed in any county of 3 million or more population in which an order or
judgment for child support is entered, and in supplementary proceedings in any
such county to enforce or vary the terms of such order or judgment arising out
of an action for dissolution of marriage filed in such county, the court, except
as it otherwise orders under subsection (4) of this Section, may direct that
child support payments be made either to the clerk of the court or to the Court
Service Division of the County Department of Public Aid. After the effective
date of this Act, the court, except as it otherwise orders under subsection (4)
of this Section, may direct that child support payments be made either to the
clerk of the court or to the Department of Healthcare and Family Services.

    (4) In a dissolution of marriage action or supplementary
proceedings involving maintenance or child support payments, or both, to persons
who are recipients of aid under the Illinois Public Aid Code, the court shall
direct that such payments be made to (a) the Department of Healthcare and Family
Services if the persons are recipients under Articles III, IV, or V of the Code,
or (b) the local governmental unit responsible for their support if they are
recipients under Articles VI or VII of the Code. In accordance with federal law
and regulations, the Department of Healthcare and Family Services may continue
to collect current maintenance payments or child support payments, or both,
after those persons cease to receive public assistance and until termination of
services under Article X of the Illinois Public Aid Code. The Department of
Healthcare and Family Services shall pay the net amount collected to those
persons after deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. The order shall permit the
Department of Healthcare and Family Services or the local governmental unit, as
the case may be, to direct that payments be made directly to the former spouse,
the children, or both, or to some person or agency in their behalf, upon removal
of the former spouse or children from the public aid rolls or upon termination
of services under Article X of the Illinois Public Aid Code; and upon such
direction, the Department or local governmental unit, as the case requires,
shall give notice of such action to the court in writing or by electronic
transmission.
    (5) All clerks of the court and the Court
Service Division of a County Department of Public Aid and, after the effective
date of this Act, all clerks of the court and the Department of Healthcare and
Family Services, receiving child support payments under subsections (2) and (3)
of this Section shall disburse the payments to the person or persons entitled
thereto under the terms of the order or judgment. They shall establish and
maintain current records of all moneys received and disbursed and of defaults
and delinquencies in required payments. The court, by order or rule, shall make
provision for the carrying out of these duties.
    Payments
under this Section to the Department of Healthcare and Family Services pursuant
to the Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement Trust Fund. All
payments under this Section to the Illinois Department of Human Services shall
be deposited in the DHS Recoveries Trust Fund. Disbursements from these funds
shall be as provided in the Illinois Public Aid Code. Payments received by a
local governmental unit shall be deposited in that unit’s General Assistance
Fund. Any order of court directing payment of child support to a clerk of court
or the Court Service Division of a County Department of Public Aid, which order
has been entered on or after August 14, 1961, and prior to the effective date of
this Act, may be amended by the court in line with this Act; and orders
involving payments of maintenance or child support to recipients of public aid
may in like manner be amended to conform to this Act.
    (6)
No filing fee or costs will be required in any action brought at the request of
the Department of Healthcare and Family Services in any proceeding under this
Act. However, any such fees or costs may be assessed by the court against the
respondent in the court’s order of support or any modification thereof in a
proceeding under this Act.
    (7) For those cases in which
child support is payable to the clerk of the circuit court for transmittal to
the Department of Healthcare and Family Services (formerly Illinois Department
of Public Aid) by order of court or upon notification by the Department of
Healthcare and Family Services (formerly Illinois Department of Public Aid), the
clerk shall transmit all such payments, within 4 working days of receipt, to
insure that funds are available for immediate distribution by the Department to
the person or entity entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of the Social Security
Act. The clerk shall notify the Department of the date of receipt and amount
thereof at the time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the terms of child
support orders and payments made thereunder directly into the Department’s
automated data processing system, the clerk shall account for, transmit and
otherwise distribute child support payments in accordance with such agreement in
lieu of the requirements contained herein.
    In any action
filed in a county with a population of 1,000,000 or less, the court shall assess
against the respondent in any order of maintenance or child support any sum up
to $36 annually authorized by ordinance of the county board to be collected by
the clerk of the court as costs for administering the collection and
disbursement of maintenance and child support payments. Such sum shall be in
addition to and separate from amounts ordered to be paid as maintenance or child
support.
    (8) To the extent the provisions of this Section
are inconsistent with the requirements pertaining to the State Disbursement Unit
under Section 507.1 of this Act and Section 10-26 of the Illinois Public Aid
Code, the requirements pertaining to the State Disbursement Unit shall apply.

(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.) 
    (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)

    Sec. 706.1. Withholding of Income to Secure Payment of
Support. Orders for support entered under this Act are subject to the Income
Withholding for Support Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-425, eff.
8-15-97; 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff. 8-14-98;
91-357, eff. 7-29-99.) 
    (750 ILCS 5/706.2) (from Ch. 40, par. 706.2)

    Sec. 706.2. Posting Security, Bond or Guarantee to Secure
Payment. The court may require a parent to post security, bond or give some
other guarantee of a character and amount sufficient to assure payment of any
amount of support due.
(Source: P.A. 84-758.) 
    (750 ILCS 5/706.3)
    Sec. 706.3.
Information concerning obligors.
    (a) In this Section:

    “Arrearage”, “delinquency”, “obligor”, and “order for
support” have the meanings attributed to those terms in the Income Withholding
for Support Act.
    “Consumer reporting agency” has the
meaning attributed to that term in Section 603(f) of the Fair Credit Reporting
Act, 15 U.S.C. 1681a(f).
    (b) Whenever a court of
competent jurisdiction finds that an obligor either owes an arrearage of more
than $10,000, is delinquent in payment of an amount equal to at least 3 months’
support obligation pursuant to an order for support, or fails to pay the child
support annual fee for a period of 3 years, the court shall direct the clerk of
the court to make information concerning the obligor available to consumer
reporting agencies.
    (c) Whenever a court of competent
jurisdiction finds that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least 3 months’ support
obligation pursuant to an order for support, the court shall direct the clerk of
the court to cause the obligor’s name and address to be published in a newspaper
of general circulation in the area in which the obligor resides. The clerk shall
cause the obligor’s name and address to be published only after sending to the
obligor at the obligor’s last known address, by certified mail, return receipt
requested, a notice of intent to publish the information. This subsection (c)
applies only if the obligor resides in the county in which the clerk of the
court holds office.
(Source: P.A. 93-836, eff. 1-1-05.) 
    (750 ILCS 5/707) (from Ch. 40, par. 707)

    Sec. 707. Certificate of Dissolution or Invalidity of
Marriage – Filing with Department of Public Health.) A certificate of each
dissolution of marriage or declaration of invalidity of marriage ordered in this
State shall be filed with the Illinois Department of Public Health on a form
furnished by such Department. The form shall contain the social security numbers
of the parties whose marriage has been dissolved or declared invalid. This form
shall be prepared by the person filing the petition for dissolution of marriage
or declaration of invalidity of marriage and shall be presented to the judge of
the court for his inspection prior to the entry of the final order. Failure to
comply with this Act shall not invalidate any judgment of dissolution of
marriage or declaration of invalidity of marriage. Immediately after the
judgment is granted, the clerk of the court shall complete the remaining entries
on the certificate. Within 45 days after the close of the month in which the
judgment is rendered, the clerk shall forward the certificate to the Illinois
Department of Public Health.
(Source: P.A. 90-18, eff. 7-1-97.) 
    (750 ILCS 5/708) (from Ch. 40, par. 708)

    Sec. 708. In any proceeding brought under this Act, the
identification of a party’s street address shall not be required for any purpose
if the court finds that the physical, mental or emotional health of a party or
that of a minor child, or both, would be seriously endangered by disclosure of
the party’s address.
(Source: P.A. 81-419.) 
    (750 ILCS 5/709) (from Ch. 40, par. 709)

    Sec. 709. Mandatory child support payments to clerk.

    (a) As of January 1, 1982, child support orders entered
in any county covered by this subsection shall be made pursuant to the
provisions of Sections 709 through 712 of this Act. For purposes of these
Sections, the term “child support payment” or “payment” shall include any
payment ordered to be made solely for the purpose of the support of a child or
children or any payment ordered for general support which includes any amount
for support of any child or children.
    The provisions of
Sections 709 through 712 shall be applicable to any county with a population of
2 million or more and to any other county which notifies the Supreme Court of
its desire to be included within the coverage of these Sections and is certified
pursuant to Supreme Court Rules.
    The effective date of
inclusion, however, shall be subject to approval of the application for
reimbursement of the costs of the support program by the Department of
Healthcare and Family Services as provided in Section 712.

    (b) In any proceeding for a dissolution of marriage,
legal separation, or declaration of invalidity of marriage, or in any
supplementary proceedings in which a judgment or modification thereof for the
payment of child support is entered on or after January 1, 1982, in any county
covered by Sections 709 through 712, and the person entitled to payment is
receiving a grant of financial aid under Article IV of the Illinois Public Aid
Code or has applied and qualified for child support enforcement services under
Section 10-1 of that Code, the court shall direct: (1) that such payments be
made to the clerk of the court and (2) that the parties affected shall each
thereafter notify the clerk of any change of address or change in other
conditions that may affect the administration of the order, including the fact
that a party who was previously not on public aid has become a recipient of
public aid, within 10 days of such change. All notices sent to the obligor’s
last known address on file with the clerk shall be deemed sufficient to proceed
with enforcement pursuant to the provisions of Sections 709 through 712.

    In all other cases, the court may direct that payments be
made to the clerk of the court.
    (c) Except as provided in
subsection (d) of this Section, the clerk shall disburse the payments to the
person or persons entitled thereto under the terms of the order or judgment.

    (d) The court shall determine, prior to the entry of the
support order, if the party who is to receive the support is presently receiving
public aid or has a current application for public aid pending and shall enter
the finding on the record.
    If the person entitled to
payment is a recipient of aid under the Illinois Public Aid Code, the clerk,
upon being informed of this fact by finding of the court, by notification by the
party entitled to payment, by the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) or by the local governmental unit,
shall make all payments to: (1) the Department of Healthcare and Family Services
if the person is a recipient under Article III, IV, or V of the Code or (2) the
local governmental unit responsible for his or her support if the person is a
recipient under Article VI or VII of the Code. In accordance with federal law
and regulations, the Department of Healthcare and Family Services may continue
to collect current maintenance payments or child support payments, or both,
after those persons cease to receive public assistance and until termination of
services under Article X of the Illinois Public Aid Code. The Department of
Healthcare and Family Services shall pay the net amount collected to those
persons after deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. Upon termination of public
aid payments to such a recipient or termination of services under Article X of
the Illinois Public Aid Code, the Department of Healthcare and Family Services
or the appropriate local governmental unit shall notify the clerk in writing or
by electronic transmission that all subsequent payments are to be sent directly
to the person entitled thereto.
    Payments under this
Section to the Department of Healthcare and Family Services pursuant to the
Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement Trust Fund. All
payments under this Section to the Illinois Department of Human Services shall
be deposited in the DHS Recoveries Trust Fund. Disbursements from these funds
shall be as provided in the Illinois Public Aid Code. Payments received by a
local governmental unit shall be deposited in that unit’s General Assistance
Fund.
    (e) Any order or judgment may be amended by the
court, upon its own motion or upon the motion of either party, to conform with
the provisions of Sections 709 through 712, either as to the requirement of
making payments to the clerk or, where payments are already being made to the
clerk, as to the statutory fees provided for under Section 711.

    (f) The clerk may invest in any interest bearing account
or in any securities, monies collected for the benefit of a payee, where such
payee cannot be found; however, the investment may be only for the period until
the clerk is able to locate and present the payee with such monies. The clerk
may invest in any interest bearing account, or in any securities, monies
collected for the benefit of any other payee; however, this does not alter the
clerk’s obligation to make payments to the payee in a timely manner. Any
interest or capital gains accrued shall be for the benefit of the county and
shall be paid into the special fund established in subsection (b) of Section
711.
    (g) The clerk shall establish and maintain a payment
record of all monies received and disbursed and such record shall constitute
prima facie evidence of such payment and non-payment, as the case may be.

    (h) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the Department of Healthcare
and Family Services (formerly Illinois Department of Public Aid) by order of
court or upon notification by the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid), the clerk shall transmit all such
payments, within 4 working days of receipt, to insure that funds are available
for immediate distribution by the Department to the person or entity entitled
thereto in accordance with standards of the Child Support Enforcement Program
established under Title IV-D of the Social Security Act. The clerk shall notify
the Department of the date of receipt and amount thereof at the time of
transmittal. Where the clerk has entered into an agreement of cooperation with
the Department to record the terms of child support orders and payments made
thereunder directly into the Department’s automated data processing system, the
clerk shall account for, transmit and otherwise distribute child support
payments in accordance with such agreement in lieu of the requirements contained
herein.
    (i) To the extent the provisions of this Section
are inconsistent with the requirements pertaining to the State Disbursement Unit
under Section 507.1 of this Act and Section 10-26 of the Illinois Public Aid
Code, the requirements pertaining to the State Disbursement Unit shall apply.

(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.) 
    (750 ILCS 5/710) (from Ch. 40, par. 710)

    Sec. 710. Enforcement; Penalties.
   
(a) In counties certified as included under the provisions of Sections 709
through 712 and whose application for reimbursement is approved, there shall be
instituted a child support enforcement program to be conducted by the clerk of
the circuit court and the state’s attorney of the county. The program is to be
limited to enforcement of child support orders entered pursuant to this Act.

    The child support enforcement program is to be conducted
only on behalf of dependent children included in a grant of financial aid under
Article IV of The Illinois Public Aid Code and parties who apply and qualify for
child support enforcement services pursuant to Section 10-1 of such Code.

    Nothing in this Section shall be construed to prohibit
the establishment of a child support enforcement program by the clerk of the
circuit court in cooperation with the State’s Attorney of the county.

    (b) In the event of a delinquency in payment, as
determined from the record maintained by the clerk in a county covered by the
child support enforcement program, such clerk shall notify both the party
obligated to make the payment, hereinafter called the payor, and the recipient
of such payment, hereinafter called the payee, of such delinquency and that if
the amount then due and owing is not remitted in the time period required by
circuit court rules, the matter will be referred to the state’s attorney for
enforcement proceedings. Upon failure of the payor to remit as required, the
clerk shall refer the matter to the state’s attorney, except as provided by rule
of the circuit court.
    (c) Upon referral from the clerk,
the state’s attorney shall promptly initiate enforcement proceedings against the
payor. Legal representation by the state’s attorney shall be limited to child
support and shall not extend to visitation, custody, property or other matters;
however, if the payor properly files pleadings raising such matters during the
course of the child support hearing and the court finds that it has jurisdiction
of such matters, the payee shall be granted the opportunity to obtain a
continuance in order to secure representation for those other matters, and the
court shall not delay entry of an appropriate support order pending the
disposition of such other matters.
    If the state’s
attorney does not commence enforcement proceedings within 30 days, the clerk
shall inform the court which, upon its own motion, shall appoint counsel for
purposes of enforcement. The fees and expenses of such counsel shall be paid by
the payor and shall not be paid by the State.
    Nothing in
this Section shall be construed to prevent a payee from instituting independent
enforcement proceedings or limit the remedies available to payee in such
proceedings. However, absent the exercise under this provision of a private
right of enforcement, enforcement shall be as otherwise provided in this
Section.
    (d) At the time any support order is entered,
the payee shall be informed of the procedure used for enforcement and shall be
given the address and telephone number both of the clerk and of the Child and
Spouse Support Unit as provided in Section 712.
    The payee
shall be informed that, if no action is taken within 2 months of any complaint
to the clerk, payee may contact the Unit to seek assistance in obtaining
enforcement.
    (e) Upon a finding that payor is in default
and that such non-payment is for a period of two months and that such
non-payment is without good cause, the court shall order the payor to pay a sum
equal to 2% of the arrearage as a penalty along with his payment.

    The court may further assess against the payor any fees
and expenses incurred in the enforcement of any order or the reasonable value
thereof and may impose any penalty otherwise available to it in a case of
contempt.
    All penalties, fees and expenses assessed
against the payor pursuant to this subsection are to cover the expenses of
enforcement, are to be paid to the clerk and are to be placed by him in the
special fund provided for in Section 711.
    (f) Any person
not covered by the child support enforcement program may institute private and
independent proceedings to enforce payment of support.
(Source: P.A. 92-590,
eff. 7-1-02.) 
    (750 ILCS 5/711) (from Ch. 40, par. 711)

    Sec. 711. Fees. (a) To reimburse any covered county for
the cost of maintaining the child support enforcement program pursuant to
Section 710, the court shall order any payor making payments directly to the
clerk to pay the clerk a fee at the rate of $3.00 per month for every month the
order is in effect. However, any fee collected for any case not included in such
program as provided in subsection (a) of Section 710 may be used by the county
for any purpose.
    The fee shall be payable semi-annually,
being due with the support payment due on or next immediately following January
1 and July 1. The fee shall be payable in advance as herein provided, except for
the initial payment which shall be paid at the time of the initial child support
payment to the clerk. The amount of the fee due for the initial period shall be
computed from the date the support order first takes effect to the next January
1 or July 1, whichever occurs first.
    Unless paid in cash,
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.
    (b)
All monies collected in fees by the clerk and all monies received by him upon
assessment under Section 710 for reimbursement for the costs of enforcement
shall be held in a special fund, the contents of which the clerk shall pay over
to the county treasury every month or at such other period as the treasurer
shall determine.
(Source: P.A. 82-1002.) 
    (750 ILCS 5/712) (from Ch. 40, par. 712)

    Sec. 712. (a) The Supreme Court may make Rules concerning
the certification of counties for inclusion in the child support enforcement
program and the application of the procedures created by Sections 709 through
712 in the various counties.
    The Supreme Court shall
inform each circuit court and clerk of the court of the availability of the
program to reimburse counties desiring to participate in the program of
enforcement of child support payments.
    The Supreme Court
shall also distribute to each circuit court and clerk of the court any materials
prepared by the Child and Spouse Support Unit comparing child support
enforcement in counties included and not included in this program.

    (b) The Department of Healthcare and Family Services,
through the Child and Spouse Support Unit provided for by Section 10-3.1 of the
Illinois Public Aid Code, shall have general supervision of the child support
programs created by Sections 709 through 712 and shall have the powers and
duties provided in this Section, including the following:

        (1) to make advance payments to
any county included 
     in the program for
expenses in preparing programs to enforce payment of child support to the clerk
from appropriations made for such purposes by the General Assembly;

 
        (2) to make payments to
each covered county to pay 
     for its reasonable
expenses actually necessary to maintain a continuing program not paid for by
fees, penalties, or other monies; provided that, with respect to that portion of
the program on behalf of dependent children included in a grant of financial aid
under Article IV of the Illinois Public Aid Code the Unit shall pay only such
expenses as is its current practice or as it may deem appropriate; provided
further that the Unit shall only pay expenses of the entire program subject to
the availability of federal monies to pay the majority of expenses of the entire
child support enforcement program; provided further that the Unit or Department
may set standards relating to enforcement which have to be met by any county
seeking to enter a contract with the Department for reimbursement of expenses of
the entire enforcement program prior to an application for reimbursement being
approved and the contract granted; and provided further that such standards may
relate to, but are not limited to the following factors: maintenance of the
payment record, the definition of delinquency; the period of time in which a
delinquency must be determined, the payor notified, the remittance received, the
referral to the state’s attorney made, and the payment remitted by the clerk to
the payee or other party entitled to the payment; the conditions under which
referral will not be made to the state’s attorney; and the definitions and
procedures for other matters necessary for the conduct and operation of the
program;
 
        (3) to monitor
the various local programs for 
     enforcement of
child support payments to the clerk;

 
        (4) to act to encourage
enforcement whenever local 
     enforcement
procedures are inadequate;

 
        (5) to receive monies
from any source for assistance 
     in enforcement
of child support; and
 
       
(6) to assist any county desirous of assistance in 

     establishing and maintaining a child support
enforcement program.
 
    (c) Any county may apply
for financial assistance to the Unit to initiate or maintain a program of child
support enforcement. Every county which desires such assistance shall apply
according to procedures established by the Unit. In its application, it shall
state the following: financial needs, personnel requirements, anticipated
caseloads, any amounts collected or anticipated in fees or penalties, and any
other information required by the Unit.
    (d) In the case
that any advance money is given to any county under this Section to initiate an
enforcement system, the county shall reimburse the state within 2 years from the
date such monies are given to it. The Unit may establish an appropriate schedule
of reimbursement for any county.
    (e) In the event of the
unavailability of federal monies to pay for the greater part of the costs to a
county of the child support enforcement program under Sections 709 through 712
and the resulting cessation of state participation, the operation of the child
support enforcement program under Sections 709 through 712 shall terminate. The
date and the method of termination shall be determined by Supreme Court Rule.

(Source: P.A. 95-331, eff. 8-21-07.) 
    (750 ILCS 5/713) (from Ch. 40, par. 713)

    Sec. 713. Attachment of the Body. As used in this
Section, “obligor” has the same meaning ascribed to such term in the Income
Withholding for Support Act.
    (a) In any proceeding to
enforce an order for support, where the obligor has failed to appear in court
pursuant to order of court and after due notice thereof, the court may enter an
order for the attachment of the body of the obligor. Notices under this Section
shall be served upon the obligor by any means authorized under subsection (a-5)
of Section 505. The attachment order shall fix an amount of escrow which is
equal to a minimum of 20% of the total child support arrearage alleged by the
obligee in sworn testimony to be due and owing. The attachment order shall
direct the Sheriff of any county in Illinois to take the obligor into custody
and shall set the number of days following release from custody for a hearing to
be held at which the obligor must appear, if he is released under subsection (b)
of this Section.
    (b) If the obligor is taken into
custody, the Sheriff shall take the obligor before the court which entered the
attachment order. However, the Sheriff may release the person after he or she
has deposited the amount of escrow ordered by the court pursuant to local
procedures for the posting of bond. The Sheriff shall advise the obligor of the
hearing date at which the obligor is required to appear.
   
(c) Any escrow deposited pursuant to this Section shall be transmitted to the
Clerk of the Circuit Court for the county in which the order for attachment of
the body of the obligor was entered. Any Clerk who receives money deposited into
escrow pursuant to this Section shall notify the obligee, public office or legal
counsel whose name appears on the attachment order of the court date at which
the obligor is required to appear and the amount deposited into escrow. The
Clerk shall disburse such money to the obligee only under an order from the
court that entered the attachment order pursuant to this Section.

    (d) Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered the attachment of his
body, the court shall:
        (1) hold a
hearing on the complaint or petition that 
    
gave rise to the attachment order. For purposes of determining arrearages that
are due and owing by the obligor, the court shall accept the previous sworn
testimony of the obligee as true and the appearance of the obligee shall not be
required. The court shall require sworn testimony of the obligor as to his or
her Social Security number, income, employment, bank accounts, property and any
other assets. If there is a dispute as to the total amount of arrearages, the
court shall proceed as in any other case as to the undisputed amounts; and

 
        (2) order the Clerk of
the Circuit Court to disburse 
     to the obligee
or public office money held in escrow pursuant to this Section if the court
finds that the amount of arrearages exceeds the amount of the escrow. Amounts
received by the obligee or public office shall be deducted from the amount of
the arrearages.
 
    (e) If the obligor fails to
appear in court after being notified of the court date by the Sheriff upon
release from custody, the court shall order any monies deposited into escrow to
be immediately released to the obligee or public office and shall proceed under
subsection (a) of this Section by entering another order for the attachment of
the body of the obligor.
    (f) This Section shall apply to
any order for support issued under the “Illinois Marriage and Dissolution of
Marriage Act”, approved September 22, 1977, as amended; the “Illinois Parentage
Act of 1984”, effective July 1, 1985, as amended; the “Revised Uniform
Reciprocal Enforcement of Support Act”, approved August 28, 1969, as amended;
“The Illinois Public Aid Code”, approved April 11, 1967, as amended; the
Non-Support Punishment Act; and the “Non-support of Spouse and Children Act”,
approved June 8, 1953, as amended.
    (g) Any escrow
established pursuant to this Section for the purpose of providing support shall
not be subject to fees collected by the Clerk of the Circuit Court for any other
escrow.
(Source: P.A. 91-113, eff. 7-15-99; 91-613, eff. 10-1-99; 92-16,
eff. 6-28-01.) 
    (750 ILCS 5/714)
    Sec. 714.
Information to locate putative fathers and noncustodial parents.

    (a) Upon request by a public office, employers, labor
unions, and telephone companies shall provide location information concerning
putative fathers and noncustodial parents for the purpose of establishing a
child’s paternity or establishing, enforcing, or modifying a child support
obligation. The term “public office” is defined as set forth in the Income
Withholding for Support Act. In this Section, “location information” means
information about (i) the physical whereabouts of a putative father or
noncustodial parent, (ii) the employer of the putative father or noncustodial
parent, or (iii) the salary, wages, and other compensation paid and the health
insurance coverage provided to the putative father or noncustodial parent by the
employer of the putative father or noncustodial parent or by a labor union of
which the putative father or noncustodial parent is a member. An employer, labor
union, or telephone company shall respond to the request of the public office
within 15 days after receiving the request. Any employer, labor union, or
telephone company that willfully fails to fully respond within the 15-day period
shall be subject to a penalty of $100 for each day that the response is not
provided to the public office after the 15-day period has expired. The penalty
may be collected in a civil action, which may be brought against the employer,
labor union, or telephone company in favor of the public office.

    (b) Upon being served with a subpoena (including an
administrative subpoena as authorized by law), a utility company or cable
television company must provide location information to a public office for the
purpose of establishing a child’s paternity or establishing, enforcing, or
modifying a child support obligation.
    (c) Notwithstanding
the provisions of any other State or local law to the contrary, an employer,
labor union, telephone company, utility company, or cable television company
shall not be liable to any person for disclosure of location information under
the requirements of this Section, except for willful and wanton misconduct.

(Source: P.A. 93-116, eff. 7-10-03.) 
      (750 ILCS 5/Pt. VIII heading)
PART
VIII
APPLICATION AND SEVERABILITY
    (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.

(Source: P.A. 82-566.) 
    (750 ILCS 5/802) (from Ch. 40, par. 802)

    Sec. 802. Court Rules.) The Supreme Court and, subject to
the Rules of the Supreme Court, the respective circuit courts, may adopt such
rules as they deem necessary and expedient to carry out the provisions of this
Act.
(Source: P.A. 80-923.)