093_HB2079ham001

 










                                     LRB093 02488 LCB 12899 a

 1                    AMENDMENT TO HOUSE BILL 2079

 2        AMENDMENT NO.     .  Amend House Bill 2079  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois Public Aid Code is amended by
 5    adding Section 10-8.2 as follows:

 6        (305 ILCS 5/10-8.2 new)
 7        Sec. 10-8.2.  Military service; child support.
 8        (a)  Notwithstanding any other provision of  law  to  the
 9    contrary, whenever a parent in emergency military service has
10    a  change  in  income  due to military service, the change in
11    income  shall  be  considered   a   substantial   change   in
12    circumstances    so  as  to  make  the  terms of any order or
13    judgment for child support unreasonable.
14        (b)  Upon  receipt  of  a  notarized  letter   from   the
15    commanding  officer  of  a  noncustodial  parent in emergency
16    military service that contains the date of  the  commencement
17    of  emergency  military  service  and the compensation of the
18    parent in emergency military service, the  Child  and  Spouse
19    Support   Unit   shall   take   appropriate  action  to  seek
20    modification of the order or judgment  of  child  support  in
21    accordance  with  the  guidelines  and  criteria set forth in
22    Section 505 of  the  Illinois  Marriage  and  Dissolution  of
 
                            -2-      LRB093 02488 LCB 12899 a
 1    Marriage Act and applicable court rules.
 2        (c)  Upon  return  from  emergency  military service, the
 3    parent shall notify the Child and Spouse Support Unit,  which
 4    shall  take  appropriate  action  to seek modification of the
 5    order or judgment of child support  in  accordance  with  the
 6    guidelines  and  criteria  set forth in of Section 505 of the
 7    Illinois  Marriage  and  Dissolution  of  Marriage  Act   and
 8    applicable court rules.
 9        (d)  As   used  in  this  Section,  the  term  "emergency
10    military service" means that the parent  is  a  member  of  a
11    Reserve  unit  or  National  Guard  unit  that is called into
12    active military duty for a period of more than 30 days.

13        Section 10. The  Illinois  Marriage  and  Dissolution  of
14    Marriage  Act  is  amended by changing Sections 510, 607, and
15    610 as follows:

16        (750 ILCS 5/510) (from Ch. 40, par. 510)
17        (Text of Section before amendment by P.A. 92-876)
18        Sec. 510.  Modification and termination of provisions for
19    maintenance,  support,  educational  expenses,  and  property
20    disposition.
21        (a)  Except as otherwise provided  in  paragraph  (f)  of
22    Section  502  and  in  subsection  (b), clause (3) of Section
23    505.2, the provisions of any judgment respecting  maintenance
24    or  support  may be modified only as to installments accruing
25    subsequent to due notice by the moving party of the filing of
26    the motion for modification and, with respect to maintenance,
27    only upon a showing of a substantial change in circumstances.
28    An order for child support may be modified as follows:
29             (1)  upon a  showing  of  a  substantial  change  in
30        circumstances; and
31             (2)  without  the necessity of showing a substantial
32        change in circumstances, as follows:
 
                            -3-      LRB093 02488 LCB 12899 a
 1                  (A)  upon a showing of an inconsistency  of  at
 2             least  20%,  but no less than $10 per month, between
 3             the amount of the existing order and the  amount  of
 4             child  support  that results from application of the
 5             guidelines specified in  Section  505  of  this  Act
 6             unless the inconsistency is due to the fact that the
 7             amount   of  the  existing  order  resulted  from  a
 8             deviation from the guideline amount  and  there  has
 9             not been a change in the circumstances that resulted
10             in that deviation; or
11                  (B)  Upon  a  showing  of a need to provide for
12             the health care needs of the child under  the  order
13             through  health  insurance  or  other  means.  In no
14             event  shall  the  eligibility  for  or  receipt  of
15             medical assistance be considered to meet the need to
16             provide for the child's health care needs.
17        The provisions of subparagraph (a)(2)(A) shall apply only
18    in  cases  in  which  a  party  is  receiving  child  support
19    enforcement services from the Illinois Department  of  Public
20    Aid under Article X of the Illinois Public Aid Code, and only
21    when  at  least  36  months  have elapsed since the order for
22    child support was entered or last modified.
23        (b)  The provisions as to property disposition may not be
24    revoked or modified, unless the court finds the existence  of
25    conditions that justify the reopening of a judgment under the
26    laws of this State.
27        (c)  Unless  otherwise agreed by the parties in a written
28    agreement set forth in the judgment or otherwise approved  by
29    the  court,  the  obligation  to  pay  future  maintenance is
30    terminated upon the death of either party, or the  remarriage
31    of the party receiving maintenance, or if the party receiving
32    maintenance  cohabits  with  another  person  on  a resident,
33    continuing conjugal basis.
34        (d)  Unless otherwise  agreed  in  writing  or  expressly
 
                            -4-      LRB093 02488 LCB 12899 a
 1    provided in a judgment, provisions for the support of a child
 2    are  terminated  by  emancipation  of  the  child,  except as
 3    otherwise provided herein, but not by the death of  a  parent
 4    obligated  to  support  or  educate  the  child.  An existing
 5    obligation to pay for support  or  educational  expenses,  or
 6    both,  is  not  terminated  by the death of a parent.  When a
 7    parent obligated to pay support or educational  expenses,  or
 8    both, dies, the amount of support or educational expenses, or
 9    both,  may  be  enforced,  modified, revoked or commuted to a
10    lump  sum  payment,  as  equity   may   require,   and   that
11    determination  may  be  provided  for  at  the  time  of  the
12    dissolution of the marriage or thereafter.
13        (e)  The  right  to  petition  for support or educational
14    expenses,  or  both,  under  Sections  505  and  513  is  not
15    extinguished by the death of a parent. Upon a petition  filed
16    before or after a parent's death, the court may award sums of
17    money out of the decedent's estate for the child's support or
18    educational  expenses,  or  both, as equity may require.  The
19    time within which a claim may be filed against the estate  of
20    a  decedent under Sections 505 and 513 and subsection (d) and
21    this subsection shall be governed by the  provisions  of  the
22    Probate Act of 1975, as a barrable, noncontingent claim.
23        (f)  A  petition  to  modify  or terminate child support,
24    custody, or visitation shall  not  delay  any  child  support
25    enforcement  litigation or supplementary proceeding on behalf
26    of the obligee, including, but not limited to, a petition for
27    a rule to show cause, for  non-wage  garnishment,  or  for  a
28    restraining order.
29        (g)  Military service; child support.
30             (1)  Notwithstanding  any  other provision of law to
31        the contrary, whenever a  parent  in  emergency  military
32        service  has  a change in income due to military service,
33        the change in income shall be  considered  a  substantial
34        change  in  circumstances  so as to make the terms of any
 
                            -5-      LRB093 02488 LCB 12899 a
 1        order or judgment for child support unreasonable.
 2             (2)  Upon receipt of a  notarized  letter  from  the
 3        commanding  officer of a noncustodial parent in emergency
 4        military  service  that  contains   the   date   of   the
 5        commencement   of  emergency  military  service  and  the
 6        compensation of the parent in emergency military service,
 7        the Child  and  Spouse  Support  Unit  established  under
 8        Article  X  of  the  Illinois  Public Aid Code shall take
 9        appropriate action to seek modification of the  order  or
10        judgment   of   child  support  in  accordance  with  the
11        guidelines and criteria set forth in Section 505 of  this
12        Act and applicable court rules.
13             (3)  Upon return from emergency military service the
14        parent  shall  notify  the Child and Spouse Support Unit,
15        which shall take appropriate action to seek  modification
16        of  the  order or judgment of child support in accordance
17        with the guidelines and criteria set forth in of  Section
18        505 of this Act and applicable court rules.
19             (4)  As  used  in  this  subsection  (g), "emergency
20        military service" means that the parent is a member of  a
21        Reserve  unit  or National Guard unit that is called into
22        active military duty for a period of more than 30 days.
23    (Source: P.A.  92-289,  eff.  8-9-01;  92-590,  eff.  7-1-02;
24    92-651, eff. 7-11-02.)

25        (Text of Section after amendment by P.A. 92-876)
26        Sec. 510.  Modification and termination of provisions for
27    maintenance,  support,  educational  expenses,  and  property
28    disposition.
29        (a)  Except  as  otherwise  provided  in paragraph (f) of
30    Section 502 and in subsection  (b),  clause  (3)  of  Section
31    505.2,  the provisions of any judgment respecting maintenance
32    or support may be modified only as to  installments  accruing
33    subsequent to due notice by the moving party of the filing of
34    the motion for modification and, with respect to maintenance,
 
                            -6-      LRB093 02488 LCB 12899 a
 1    only upon a showing of a substantial change in circumstances.
 2    An order for child support may be modified as follows:
 3             (1)  upon  a  showing  of  a  substantial  change in
 4        circumstances; and
 5             (2)  without the necessity of showing a  substantial
 6        change in circumstances, as follows:
 7                  (A)  upon  a  showing of an inconsistency of at
 8             least 20%, but no less than $10 per  month,  between
 9             the  amount  of the existing order and the amount of
10             child support that results from application  of  the
11             guidelines  specified  in  Section  505  of this Act
12             unless the inconsistency is due to the fact that the
13             amount  of  the  existing  order  resulted  from   a
14             deviation  from  the  guideline amount and there has
15             not been a change in the circumstances that resulted
16             in that deviation; or
17                  (B)  Upon a showing of a need  to  provide  for
18             the  health  care needs of the child under the order
19             through health insurance  or  other  means.   In  no
20             event  shall  the  eligibility  for  or  receipt  of
21             medical assistance be considered to meet the need to
22             provide for the child's health care needs.
23        The provisions of subparagraph (a)(2)(A) shall apply only
24    in  cases  in  which  a  party  is  receiving  child  support
25    enforcement  services  from the Illinois Department of Public
26    Aid under Article X of the Illinois Public Aid Code, and only
27    when at least 36 months have  elapsed  since  the  order  for
28    child support was entered or last modified.
29        (b)  The provisions as to property disposition may not be
30    revoked  or modified, unless the court finds the existence of
31    conditions that justify the reopening of a judgment under the
32    laws of this State.
33        (c)  Unless otherwise agreed by the parties in a  written
34    agreement  set forth in the judgment or otherwise approved by
 
                            -7-      LRB093 02488 LCB 12899 a
 1    the court,  the  obligation  to  pay  future  maintenance  is
 2    terminated  upon the death of either party, or the remarriage
 3    of the party receiving maintenance, or if the party receiving
 4    maintenance cohabits  with  another  person  on  a  resident,
 5    continuing conjugal basis.
 6        (d)  Unless  otherwise provided in this Act, or as agreed
 7    in writing or expressly provided in the judgment,  provisions
 8    for  the support of a child are terminated by emancipation of
 9    the child, or if the child has attained the age of 18 and  is
10    still  attending  high  school, provisions for the support of
11    the child  are  terminated  upon  the  date  that  the  child
12    graduates  from high school or the date the child attains the
13    age of 19, whichever is earlier, but not by the  death  of  a
14    parent obligated to support or educate the child. An existing
15    obligation  to  pay  for  support or educational expenses, or
16    both, is not terminated by the death of  a  parent.   When  a
17    parent  obligated  to pay support or educational expenses, or
18    both, dies, the amount of support or educational expenses, or
19    both, may be enforced, modified, revoked  or  commuted  to  a
20    lump   sum   payment,   as   equity  may  require,  and  that
21    determination  may  be  provided  for  at  the  time  of  the
22    dissolution of the marriage or thereafter.
23        (e)  The right to petition  for  support  or  educational
24    expenses,  or  both,  under  Sections  505  and  513  is  not
25    extinguished  by the death of a parent. Upon a petition filed
26    before or after a parent's death, the court may award sums of
27    money out of the decedent's estate for the child's support or
28    educational expenses, or both, as equity  may  require.   The
29    time  within which a claim may be filed against the estate of
30    a decedent under Sections 505 and 513 and subsection (d)  and
31    this  subsection  shall  be governed by the provisions of the
32    Probate Act of 1975, as a barrable, noncontingent claim.
33        (f)  A petition to modify  or  terminate  child  support,
34    custody,  or  visitation  shall  not  delay any child support
 
                            -8-      LRB093 02488 LCB 12899 a
 1    enforcement litigation or supplementary proceeding on  behalf
 2    of the obligee, including, but not limited to, a petition for
 3    a  rule  to  show  cause,  for non-wage garnishment, or for a
 4    restraining order.
 5        (g)  Military service; child support.
 6             (1)  Notwithstanding any other provision of  law  to
 7        the  contrary,  whenever  a  parent in emergency military
 8        service has a change in income due to  military  service,
 9        the  change  in  income shall be considered a substantial
10        change in circumstances  so as to make the terms  of  any
11        order or judgment for child support unreasonable.
12             (2)  Upon  receipt  of  a  notarized letter from the
13        commanding officer of a noncustodial parent in  emergency
14        military   service   that   contains   the  date  of  the
15        commencement  of  emergency  military  service  and   the
16        compensation of the parent in emergency military service,
17        the  Child  and  Spouse  Support  Unit  established under
18        Article X of the Illinois  Public  Aid  Code  shall  take
19        appropriate  action  to seek modification of the order or
20        judgment  of  child  support  in  accordance   with   the
21        guidelines  and criteria set forth in Section 505 of this
22        Act and applicable court rules.
23             (3)  Upon return from emergency military service the
24        parent shall notify the Child and  Spouse  Support  Unit,
25        which  shall take appropriate action to seek modification
26        of the order or judgment of child support  in  accordance
27        with  the guidelines and criteria set forth in of Section
28        505 of this Act and applicable court rules.
29             (4)  As used  in  this  subsection  (g),  "emergency
30        military  service" means that the parent is a member of a
31        Reserve unit or National Guard unit that is  called  into
32        active military duty for a period of more than 30 days.
33    (Source:  P.A.  92-289,  eff.  8-9-01;  92-590,  eff. 7-1-02;
34    92-651, eff. 7-11-02; 92-876, eff. 6-1-03; revised 1-14-03.)
 
                            -9-      LRB093 02488 LCB 12899 a
 1        (750 ILCS 5/607) (from Ch. 40, par. 607)
 2        Sec. 607. Visitation.
 3        (a)  A  parent  not  granted  custody  of  the  child  is
 4    entitled to reasonable visitation  rights  unless  the  court
 5    finds,  after  a  hearing,  that  visitation  would  endanger
 6    seriously  the  child's  physical, mental, moral or emotional
 7    health.  If the custodian's street address is not identified,
 8    pursuant to Section 708, the court shall require the  parties
 9    to   identify   reasonable   alternative   arrangements   for
10    visitation  by  a  non-custodial  parent,  including  but not
11    limited to visitation of the minor child at the residence  of
12    another person or at a local public or private facility.
13        (b) (1)  The   court   may  grant  reasonable  visitation
14    privileges to a grandparent, great-grandparent, or sibling of
15    any  minor  child  upon  petition  to  the   court   by   the
16    grandparents  or  great-grandparents  or  on  behalf  of  the
17    sibling,  with  notice to the parties required to be notified
18    under Section 601 of this Act, if the court  determines  that
19    it is in the best interests and welfare of the child, and may
20    issue   any  necessary  orders  to  enforce  such  visitation
21    privileges.  Except as provided  in  paragraph  (2)  of  this
22    subsection  (b),  a petition for visitation privileges may be
23    filed under this paragraph (1)  whether  or  not  a  petition
24    pursuant  to  this  Act  has  been  previously  filed  or  is
25    currently   pending   if   one   or  more  of  the  following
26    circumstances exist:
27             (A)  the parents are not currently cohabiting  on  a
28        permanent or an indefinite basis;
29             (B)  one  of  the  parents  has been absent from the
30        marital abode for more than one month without the  spouse
31        knowing his or her whereabouts;
32             (C)  one of the parents is deceased;
33             (D)  one  of  the parents joins in the petition with
34        the grandparents, great-grandparents, or sibling; or
 
                            -10-     LRB093 02488 LCB 12899 a
 1             (E)  a sibling is in State custody.
 2        (1.5)  The  Court   may   grant   reasonable   visitation
 3    privileges  to a stepparent upon petition to the court by the
 4    stepparent,  with  notice  to  the  parties  required  to  be
 5    notified  under  Section  601  of  this  Act,  if  the  court
 6    determines that it is in the best interests  and  welfare  of
 7    the  child,  and  may  issue  any necessary orders to enforce
 8    those visitation  privileges.    A  petition  for  visitation
 9    privileges may be filed under this paragraph (1.5) whether or
10    not a petition pursuant to this Act has been previously filed
11    or  is  currently  pending if the following circumstances are
12    met:
13             (A)  the child is at least 12 years old;
14             (B)  the child resided continuously with the  parent
15        and stepparent for at least 5 years;
16             (C)  the  parent  is  deceased or is disabled and is
17        unable to care for the child;
18             (D)  the child wishes to have reasonable  visitation
19        with the stepparent; and
20             (E)  the  stepparent  was  providing  for  the care,
21        control, and welfare to the child prior to the initiation
22        of the petition for visitation.
23        (2)(A)  A petition for visitation privileges shall not be
24    filed pursuant to this  subsection  (b)  by  the  parents  or
25    grandparents  of  a  putative  father if the paternity of the
26    putative father has not been legally established.
27        (B)  A petition for  visitation  privileges  may  not  be
28    filed  under  this  subsection  (b)  if  the child who is the
29    subject of the grandparents' or great-grandparents'  petition
30    has  been  voluntarily  surrendered by the parent or parents,
31    except for a surrender to the Illinois Department of Children
32    and Family Services or a foster care facility,  or  has  been
33    previously  adopted  by  an individual or individuals who are
34    not related to the biological parents of the child or is  the
 
                            -11-     LRB093 02488 LCB 12899 a
 1    subject  of  a  pending adoption petition by an individual or
 2    individuals who are not related to the biological parents  of
 3    the child.
 4        (3)  When  one  parent  is deceased, the surviving parent
 5    shall  not  interfere  with  the  visitation  rights  of  the
 6    grandparents.
 7        (c)  The court may modify an order  granting  or  denying
 8    visitation  rights  of  a  parent whenever modification would
 9    serve the best interest of the child;  but  the  court  shall
10    not  restrict  a  parent's  visitation rights unless it finds
11    that the visitation  would  endanger  seriously  the  child's
12    physical,  mental,  moral  or emotional health. The court may
13    modify an order granting,  denying,  or  limiting  visitation
14    rights of a grandparent, great-grandparent, or sibling of any
15    minor  child  whenever a change of circumstances has occurred
16    based on facts occurring subsequent to the judgment  and  the
17    court  finds  by  clear  and  convincing  evidence  that  the
18    modification is in the best interest of the minor child.
19        (d)  If  any  court  has  entered  an order prohibiting a
20    non-custodial parent of a child from any contact with a child
21    or restricting the non-custodial parent's  contact  with  the
22    child, the following provisions shall apply:
23             (1)  If   an   order   has   been  entered  granting
24        visitation privileges with the child to a grandparent  or
25        great-grandparent who is related to the child through the
26        non-custodial  parent,  the  visitation privileges of the
27        grandparent or great-grandparent may be revoked if:
28                  (i)  a court has entered an  order  prohibiting
29             the  non-custodial  parent from any contact with the
30             child, and the grandparent or  great-grandparent  is
31             found  to have used his or her visitation privileges
32             to facilitate contact  between  the  child  and  the
33             non-custodial parent; or
34                  (ii)  a  court has entered an order restricting
 
                            -12-     LRB093 02488 LCB 12899 a
 1             the non-custodial parent's contact with  the  child,
 2             and the grandparent or great-grandparent is found to
 3             have  used  his  or  her  visitation  privileges  to
 4             facilitate   contact   between  the  child  and  the
 5             non-custodial parent in a manner that  violates  the
 6             terms  of  the  order  restricting the non-custodial
 7             parent's contact with the child.
 8             Nothing in this subdivision (1) limits the authority
 9        of  the  court  to  enforce  its  orders  in  any  manner
10        permitted by law.
11             (2)  Any order granting visitation  privileges  with
12        the  child  to  a grandparent or great-grandparent who is
13        related to the child  through  the  non-custodial  parent
14        shall contain the following provision:
15             "If the (grandparent or great-grandparent, whichever
16        is applicable) who has been granted visitation privileges
17        under  this  order  uses  the  visitation  privileges  to
18        facilitate  contact  between  the  child  and the child's
19        non-custodial parent, the visitation  privileges  granted
20        under this order shall be permanently revoked."
21        (e)  No  parent,  not  granted  custody  of the child, or
22    grandparent, or great-grandparent, or stepparent, or  sibling
23    of  any  minor  child,  convicted of any offense involving an
24    illegal sex act perpetrated upon a victim less than 18  years
25    of  age  including but not limited to offenses for violations
26    of Article 12 of the Criminal Code of 1961,  is  entitled  to
27    visitation  rights  while  incarcerated  or  while on parole,
28    probation, conditional discharge, periodic  imprisonment,  or
29    mandatory  supervised  release  for  that  offense,  and upon
30    discharge from incarceration for  a  misdemeanor  offense  or
31    upon discharge from parole, probation, conditional discharge,
32    periodic  imprisonment, or mandatory supervised release for a
33    felony offense, visitation shall be denied until  the  person
34    successfully  completes  a  treatment program approved by the
 
                            -13-     LRB093 02488 LCB 12899 a
 1    court.
 2        (f)  Unless the court determines, after  considering  all
 3    relevant  factors,  including  but  not  limited to those set
 4    forth in Section  602(a),  that  it  would  be  in  the  best
 5    interests  of  the child to allow visitation, the court shall
 6    not enter an order providing visitation rights  and  pursuant
 7    to  a  motion  to  modify  visitation shall revoke visitation
 8    rights previously granted to any person who  would  otherwise
 9    be  entitled  to  petition  for  visitation rights under this
10    Section who has been convicted of first degree murder of  the
11    parent,  grandparent,  great-grandparent,  or  sibling of the
12    child who is the subject of the order.   Until  an  order  is
13    entered  pursuant  to this subsection, no person shall visit,
14    with the child present, a person who has  been  convicted  of
15    first    degree    murder   of   the   parent,   grandparent,
16    great-grandparent,  or  sibling  of  the  child  without  the
17    consent of the child's parent, other than a parent  convicted
18    of  first  degree  murder  as  set  forth  herein,  or  legal
19    guardian.
20        (g)  If  an order has been entered limiting, for cause, a
21    minor child's  contact  or  visitation  with  a  grandparent,
22    great-grandparent,  or  sibling on the grounds that it was in
23    the best interest of the child to do so, that  order  may  be
24    modified  only  upon  a  showing  of  a substantial change in
25    circumstances occurring subsequent to the entry of the  order
26    with proof by clear and convincing evidence that modification
27    is in the best interest of the minor child.
28        (h)  If a parent who is a member of a Reserve or National
29    Guard  unit  is  placed  on  temporary  active  duty military
30    status, the court shall  review  and  consider  the  military
31    family  care  plan filed by the reservist prior to deployment
32    and order that a reasonable amount of visitation continue  as
33    facilitated and directed by the military parent in the plan.
34    (Source:  P.A.  90-782,  eff.  8-14-98;  90-801, eff. 6-1-99;
 
                            -14-     LRB093 02488 LCB 12899 a
 1    91-357, eff. 7-29-99; 91-610, eff. 8-19-99.)

 2        (750 ILCS 5/610) (from Ch. 40, par. 610)
 3        Sec. 610.  Modification.
 4        (a)  Unless by stipulation of the parties, no  motion  to
 5    modify  a  custody  judgment may be made earlier than 2 years
 6    after its date, unless the court permits it to be made on the
 7    basis of affidavits that  there  is  reason  to  believe  the
 8    child's   present  environment  may  endanger  seriously  his
 9    physical, mental, moral or emotional health.
10        (b)  The court shall not modify a prior custody  judgment
11    unless  it  finds  by clear and convincing evidence, upon the
12    basis of facts that have arisen since the prior  judgment  or
13    that  were  unknown  to the court at the time of entry of the
14    prior  judgment,  that  a  change   has   occurred   in   the
15    circumstances  of  the child or his custodian, or in the case
16    of a joint custody arrangement that a change has occurred  in
17    the  circumstances  of  the  child  or either or both parties
18    having custody, and that the  modification  is  necessary  to
19    serve  the  best interest of the child.  In the case of joint
20    custody, if the parties agree to a  termination  of  a  joint
21    custody  arrangement,  the court shall so terminate the joint
22    custody and make any modification which  is  in  the  child's
23    best  interest.    The  court  shall  state  in  its decision
24    specific findings of fact in support of its  modification  or
25    termination  of  joint  custody  if either parent opposes the
26    modification or termination.
27        (b-3) Except as otherwise provided in subsection (b-5) of
28    this Section, if a custodial parent is a member of the United
29    States Armed Forces, the court shall consider  the  terms  of
30    that  parent's  military family care plan in determining what
31    is in the child's best interest during the custodial parent's
32    military deployment.
33        (b-5) For the purposes of a motion to  modify  a  custody
 
                            -15-     LRB093 02488 LCB 12899 a
 1    decree,  the military deployment of a custodial parent who is
 2    a member of the United States Armed Forces is not a change in
 3    circumstances that affects the best interests of the child if
 4    the custodial parent has filed a military  family  care  plan
 5    with  the  court  at a previous custody proceeding and if the
 6    military deployment is less than 6 months.
 7        (c)  Attorney fees and costs shall be assessed against  a
 8    party  seeking  modification  if  the  court  finds  that the
 9    modification action is vexatious and constitutes harassment.
10        (d)  Notice under this Section shall be given as provided
11    in subsections (c) and (d) of Section 601.
12    (Source: P.A. 87-1255.)

13        Section 95.  No acceleration or delay.   Where  this  Act
14    makes changes in a statute that is represented in this Act by
15    text  that  is not yet or no longer in effect (for example, a
16    Section represented by multiple versions), the  use  of  that
17    text  does  not  accelerate or delay the taking effect of (i)
18    the changes made by this Act or (ii) provisions derived  from
19    any other Public Act.

20        Section  99.  Effective  date. This Act takes effect upon
21    becoming law.".