HB3898 EnrolledLRB099 09535 HEP 29743 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 452, 501, 501.1,
6502, 503, 504, 505, 508, 513, 600, 602.9, 602.10, 602.11,
7604.10, 606.5, 607.5, and 610.5 and by adding Section 607.6 as
9    (750 ILCS 5/452)
10    Sec. 452. Petition. The parties to a dissolution proceeding
11may file a joint petition for simplified dissolution if they
12certify that all of the following conditions exist when the
13proceeding is commenced:
14        (a) Neither party is dependent on the other party for
15    support or each party is willing to waive the right to
16    support; and the parties understand that consultation with
17    attorneys may help them determine eligibility for spousal
18    support.
19        (b) Either party has met the residency or military
20    presence requirement of Section 401 of this Act.
21        (c) The requirements of Section 401 regarding
22    residence or military presence and proof of irreconcilable
23    differences have been met.



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1        (d) No children were born of the relationship of the
2    parties or adopted by the parties during the marriage, and
3    the wife, to her knowledge, is not pregnant by the husband.
4        (e) The duration of the marriage does not exceed 8
5    years.
6        (f) Neither party has any interest in real property or
7    retirement benefits unless the retirement benefits are
8    exclusively held in individual retirement accounts and the
9    combined value of the accounts is less than $10,000.
10        (g) The parties waive any rights to maintenance.
11        (h) The total fair market value of all marital
12    property, after deducting all encumbrances, is less than
13    $50,000, the combined gross annualized income from all
14    sources is less than $60,000, and neither party has a gross
15    annualized income from all sources in excess of $30,000.
16        (i) The parties have disclosed to each other all assets
17    and liabilities and their tax returns for all years of the
18    marriage.
19        (j) The parties have executed a written agreement
20    dividing all assets in excess of $100 in value and
21    allocating responsibility for debts and liabilities
22    between the parties.
23(Source: P.A. 99-90, eff. 1-1-16.)
24    (750 ILCS 5/501)  (from Ch. 40, par. 501)
25    Sec. 501. Temporary Relief. In all proceedings under this



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1Act, temporary relief shall be as follows:
2    (a) Either party may petition or move for:
3        (1) temporary maintenance or temporary support of a
4    child of the marriage entitled to support, accompanied by
5    an affidavit as to the factual basis for the relief
6    requested. One form of financial affidavit, as determined
7    by the Supreme Court, shall be used statewide. The
8    financial affidavit shall be supported by documentary
9    evidence including, but not limited to, income tax returns,
10    pay stubs, and banking statements. Unless the court
11    otherwise directs, any affidavit or supporting documentary
12    evidence submitted pursuant to this paragraph shall not be
13    made part of the public record of the proceedings but shall
14    be available to the court or an appellate court in which
15    the proceedings are subject to review, to the parties,
16    their attorneys, and such other persons as the court may
17    direct. Upon motion of a party, a court may hold a hearing
18    to determine whether and why there is a disparity between a
19    party's sworn affidavit and the supporting documentation.
20    If a party intentionally or recklessly files an inaccurate
21    or misleading financial affidavit, the court shall impose
22    significant penalties and sanctions including, but not
23    limited to, costs and attorney's fees;
24        (2) a temporary restraining order or preliminary
25    injunction, accompanied by affidavit showing a factual
26    basis for any of the following relief:



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1            (i) restraining any person from transferring,
2        encumbering, concealing or otherwise disposing of any
3        property except in the usual course of business or for
4        the necessities of life, and, if so restrained,
5        requiring him to notify the moving party and his
6        attorney of any proposed extraordinary expenditures
7        made after the order is issued; however, an order need
8        not include an exception for transferring,
9        encumbering, or otherwise disposing of property in the
10        usual course of business or for the necessities of life
11        if the court enters appropriate orders that enable the
12        parties to pay their necessary personal and business
13        expenses including, but not limited to, appropriate
14        professionals to assist the court pursuant to
15        subsection (l) of Section 503 to administer the payment
16        and accounting of such living and business expenses;
17            (ii) enjoining a party from removing a child from
18        the jurisdiction of the court for more than 14 days;
19            (iii) enjoining a party from striking or
20        interfering with the personal liberty of the other
21        party or of any child; or
22            (iv) providing other injunctive relief proper in
23        the circumstances; or
24        (3) other appropriate temporary relief including, in
25    the discretion of the court, ordering the purchase or sale
26    of assets and requiring that a party or parties borrow



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1    funds in the appropriate circumstances.
2    Issues concerning temporary maintenance or temporary
3support of a child entitled to support shall be dealt with on a
4summary basis based on allocated parenting time, financial
5affidavits, tax returns, pay stubs, banking statements, and
6other relevant documentation, except an evidentiary hearing
7may be held upon a showing of good cause. If a party
8intentionally or recklessly files an inaccurate or misleading
9financial affidavit, the court shall impose significant
10penalties and sanctions including, but not limited to, costs
11and attorney's fees resulting from the improper
13    (b) The court may issue a temporary restraining order
14without requiring notice to the other party only if it finds,
15on the basis of the moving affidavit or other evidence, that
16irreparable injury will result to the moving party if no order
17is issued until the time for responding has elapsed.
18    (c) A response hereunder may be filed within 21 days after
19service of notice of motion or at the time specified in the
20temporary restraining order.
21    (c-1) As used in this subsection (c-1), "interim attorney's
22fees and costs" means attorney's fees and costs assessed from
23time to time while a case is pending, in favor of the
24petitioning party's current counsel, for reasonable fees and
25costs either already incurred or to be incurred, and "interim
26award" means an award of interim attorney's fees and costs.



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1Interim awards shall be governed by the following:
2        (1) Except for good cause shown, a proceeding for (or
3    relating to) interim attorney's fees and costs in a
4    pre-judgment dissolution proceeding shall be
5    nonevidentiary and summary in nature. All hearings for or
6    relating to interim attorney's fees and costs under this
7    subsection shall be scheduled expeditiously by the court.
8    When a party files a petition for interim attorney's fees
9    and costs supported by one or more affidavits that
10    delineate relevant factors, the court (or a hearing
11    officer) shall assess an interim award after affording the
12    opposing party a reasonable opportunity to file a
13    responsive pleading. A responsive pleading shall set out
14    the amount of each retainer or other payment or payments,
15    or both, previously paid to the responding party's counsel
16    by or on behalf of the responding party. A responsive
17    pleading shall include costs incurred, and shall indicate
18    whether the costs are paid or unpaid. In assessing an
19    interim award, the court shall consider all relevant
20    factors, as presented, that appear reasonable and
21    necessary, including to the extent applicable:
22            (A) the income and property of each party,
23        including alleged marital property within the sole
24        control of one party and alleged non-marital property
25        within access to a party;
26            (B) the needs of each party;



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1            (C) the realistic earning capacity of each party;
2            (D) any impairment to present earning capacity of
3        either party, including age and physical and emotional
4        health;
5            (E) the standard of living established during the
6        marriage;
7            (F) the degree of complexity of the issues,
8        including allocation of parental responsibility,
9        valuation or division (or both) of closely held
10        businesses, and tax planning, as well as reasonable
11        needs for expert investigations or expert witnesses,
12        or both;
13            (G) each party's access to relevant information;
14            (H) the amount of the payment or payments made or
15        reasonably expected to be made to the attorney for the
16        other party; and
17            (I) any other factor that the court expressly finds
18        to be just and equitable.
19        (2) Any assessment of an interim award (including one
20    pursuant to an agreed order) shall be without prejudice to
21    any final allocation and without prejudice as to any claim
22    or right of either party or any counsel of record at the
23    time of the award. Any such claim or right may be presented
24    by the appropriate party or counsel at a hearing on
25    contribution under subsection (j) of Section 503 or a
26    hearing on counsel's fees under subsection (c) of Section



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1    508. Unless otherwise ordered by the court at the final
2    hearing between the parties or in a hearing under
3    subsection (j) of Section 503 or subsection (c) of Section
4    508, interim awards, as well as the aggregate of all other
5    payments by each party to counsel and related payments to
6    third parties, shall be deemed to have been advances from
7    the parties' marital estate. Any portion of any interim
8    award constituting an overpayment shall be remitted back to
9    the appropriate party or parties, or, alternatively, to
10    successor counsel, as the court determines and directs,
11    after notice in a form designated by the Supreme Court. An
12    order for the award of interim attorney's fees shall be a
13    standardized form order and labeled "Interim Fee Award
14    Order".
15        (3) In any proceeding under this subsection (c-1), the
16    court (or hearing officer) shall assess an interim award
17    against an opposing party in an amount necessary to enable
18    the petitioning party to participate adequately in the
19    litigation, upon findings that the party from whom
20    attorney's fees and costs are sought has the financial
21    ability to pay reasonable amounts and that the party
22    seeking attorney's fees and costs lacks sufficient access
23    to assets or income to pay reasonable amounts. In
24    determining an award, the court shall consider whether
25    adequate participation in the litigation requires
26    expenditure of more fees and costs for a party that is not



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1    in control of assets or relevant information. Except for
2    good cause shown, an interim award shall not be less than
3    payments made or reasonably expected to be made to the
4    counsel for the other party. If the court finds that both
5    parties lack financial ability or access to assets or
6    income for reasonable attorney's fees and costs, the court
7    (or hearing officer) shall enter an order that allocates
8    available funds for each party's counsel, including
9    retainers or interim payments, or both, previously paid, in
10    a manner that achieves substantial parity between the
11    parties.
12        (4) The changes to this Section 501 made by this
13    amendatory Act of 1996 apply to cases pending on or after
14    June 1, 1997, except as otherwise provided in Section 508.
15    (c-2) Allocation of use of marital residence. Where there
16is on file a verified complaint or verified petition seeking
17temporary eviction from the marital residence, the court may,
18during the pendency of the proceeding, only in cases where the
19physical or mental well-being of either spouse or his or her
20children is jeopardized by occupancy of the marital residence
21by both spouses, and only upon due notice and full hearing,
22unless waived by the court on good cause shown, enter orders
23granting the exclusive possession of the marital residence to
24either spouse, by eviction from, or restoration of, the marital
25residence, until the final determination of the cause pursuant
26to the factors listed in Section 602.7 of this Act. No such



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1order shall in any manner affect any estate in homestead
2property of either party. In entering orders under this
3subsection (c-2), the court shall balance hardships to the
5    (d) A temporary order entered under this Section:
6        (1) does not prejudice the rights of the parties or the
7    child which are to be adjudicated at subsequent hearings in
8    the proceeding;
9        (2) may be revoked or modified before final judgment,
10    on a showing by affidavit and upon hearing; and
11        (3) terminates when the final judgment is entered or
12    when the petition for dissolution of marriage or legal
13    separation or declaration of invalidity of marriage is
14    dismissed.
15    (e) The fees or costs of mediation shall be borne by the
16parties and may be assessed by the court as it deems equitable
17without prejudice and are subject to reallocation at the
18conclusion of the case.
19(Source: P.A. 99-90, eff. 1-1-16.)
20    (750 ILCS 5/501.1)  (from Ch. 40, par. 501.1)
21    Sec. 501.1. Dissolution action stay.
22    (a) Upon service of a summons and petition or praecipe
23filed under the Illinois Marriage and Dissolution of Marriage
24Act or upon the filing of the respondent's appearance in the
25proceeding, whichever first occurs, a dissolution action stay



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1shall be in effect against both parties, without bond or
2further notice, until a final judgement is entered, the
3proceeding is dismissed, or until further order of the court:
4         (1) restraining both parties from physically abusing,
5    harassing, intimidating, striking, or interfering with the
6    personal liberty of the other party or the minor children
7    of either party; and
8         (2) restraining both parties from concealing a minor
9    child of either party from the child's other parent
10    removing any minor child of either party from the State of
11    Illinois or from concealing any such child from the other
12    party, without the consent of the other party or an order
13    of the court.
14    The restraint provided in this subsection (a) does not
15operate to make unavailable any of the remedies provided in the
16Illinois Domestic Violence Act of 1986.
17    (b) (Blank).
18    (c) (Blank).
19    (d) (Blank).
20    (e) In a proceeding filed under this Act, the summons shall
21provide notice of the entry of the automatic dissolution action
22stay in a form as required by applicable rules.
23(Source: P.A. 99-90, eff. 1-1-16.)
24    (750 ILCS 5/502)  (from Ch. 40, par. 502)
25    Sec. 502. Agreement.



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1    (a) To promote amicable settlement of disputes between
2parties to a marriage attendant upon the dissolution of their
3marriage, the parties may enter into an agreement containing
4provisions for disposition of any property owned by either of
5them, maintenance of either of them, support, parental
6responsibility allocation of their children, and support of
7their children as provided in Sections Section 513 and 513.5
8after the children attain majority. Any agreement pursuant to
9this Section must be in writing, except for good cause shown
10with the approval of the court, before proceeding to an oral
11prove up.
12    (b) The terms of the agreement, except those providing for
13the support and parental responsibility allocation of
14children, are binding upon the court unless it finds, after
15considering the economic circumstances of the parties and any
16other relevant evidence produced by the parties, on their own
17motion or on request of the court, that the agreement is
18unconscionable. The terms of the agreement incorporated into
19the judgment are binding if there is any conflict between the
20terms of the agreement and any testimony made at an uncontested
21prove-up hearing on the grounds or the substance of the
23    (c) If the court finds the agreement unconscionable, it may
24request the parties to submit a revised agreement or upon
25hearing, may make orders for the disposition of property,
26maintenance, child support and other matters.



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1    (d) Unless the agreement provides to the contrary, its
2terms shall be set forth in the judgment, and the parties shall
3be ordered to perform under such terms, or if the agreement
4provides that its terms shall not be set forth in the judgment,
5the judgment shall identify the agreement and state that the
6court has approved its terms.
7    (e) Terms of the agreement set forth in the judgment are
8enforceable by all remedies available for enforcement of a
9judgment, including contempt, and are enforceable as contract
11    (f) Child support, support of children as provided in
12Sections Section 513 and 513.5 after the children attain
13majority, and parental responsibility allocation of children
14may be modified upon a showing of a substantial change in
15circumstances. The parties may provide that maintenance is
16non-modifiable in amount, duration, or both. If the parties do
17not provide that maintenance is non-modifiable in amount,
18duration, or both, then those terms are modifiable upon a
19substantial change of circumstances. Property provisions of an
20agreement are never modifiable. The judgment may expressly
21preclude or limit modification of other terms set forth in the
22judgment if the agreement so provides. Otherwise, terms of an
23agreement set forth in the judgment are automatically modified
24by modification of the judgment.
25(Source: P.A. 99-90, eff. 1-1-16.)



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1    (750 ILCS 5/503)  (from Ch. 40, par. 503)
2    Sec. 503. Disposition of property and debts.
3    (a) For purposes of this Act, "marital property" means all
4property, including debts and other obligations, acquired by
5either spouse subsequent to the marriage, except the following,
6which is known as "non-marital property":
7        (1) property acquired by gift, legacy or descent or
8    property acquired in exchange for such property;
9        (2) property acquired in exchange for property
10    acquired before the marriage;
11        (3) property acquired by a spouse after a judgment of
12    legal separation;
13        (4) property excluded by valid agreement of the
14    parties, including a premarital agreement or a postnuptial
15    agreement;
16        (5) any judgment or property obtained by judgment
17    awarded to a spouse from the other spouse except, however,
18    when a spouse is required to sue the other spouse in order
19    to obtain insurance coverage or otherwise recover from a
20    third party and the recovery is directly related to amounts
21    advanced by the marital estate, the judgment shall be
22    considered marital property;
23        (6) property acquired before the marriage, except as it
24    relates to retirement plans that may have both marital and
25    non-marital characteristics;
26        (6.5) all property acquired by a spouse by the sole use



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1    of non-marital property as collateral for a loan that then
2    is used to acquire property during the marriage; to the
3    extent that the marital estate repays any portion of the
4    loan, it shall be considered a contribution from the
5    marital estate to the non-marital estate subject to
6    reimbursement;
7        (7) the increase in value of non-marital property,
8    irrespective of whether the increase results from a
9    contribution of marital property, non-marital property,
10    the personal effort of a spouse, or otherwise, subject to
11    the right of reimbursement provided in subsection (c) of
12    this Section; and
13        (8) income from property acquired by a method listed in
14    paragraphs (1) through (7) of this subsection if the income
15    is not attributable to the personal effort of a spouse.
16    Property acquired prior to a marriage that would otherwise
17be non-marital property shall not be deemed to be marital
18property solely because the property was acquired in
19contemplation of marriage.
20    The court shall make specific factual findings as to its
21classification of assets as marital or non-marital property,
22values, and other factual findings supporting its property
24    (b)(1) For purposes of distribution of property, all
25property acquired by either spouse after the marriage and
26before a judgment of dissolution of marriage or declaration of



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1invalidity of marriage is presumed marital property. This
2presumption includes non-marital property transferred into
3some form of co-ownership between the spouses, regardless of
4whether title is held individually or by the spouses in some
5form of co-ownership such as joint tenancy, tenancy in common,
6tenancy by the entirety, or community property. The A spouse
7may overcome the presumption of marital property is overcome by
8showing through clear and convincing evidence that the property
9was acquired by a method listed in subsection (a) of this
10Section or was done for estate or tax planning purposes or for
11other reasons that establish that a transfer between spouses
12the transfer was not intended to be a gift.
13    (2) For purposes of distribution of property pursuant to
14this Section, all pension benefits (including pension benefits
15under the Illinois Pension Code, defined benefit plans, defined
16contribution plans and accounts, individual retirement
17accounts, and non-qualified plans) acquired by or participated
18in by either spouse after the marriage and before a judgment of
19dissolution of marriage or legal separation or declaration of
20invalidity of the marriage are presumed to be marital property.
21A spouse may overcome the presumption that these pension
22benefits are marital property by showing through clear and
23convincing evidence that the pension benefits were acquired by
24a method listed in subsection (a) of this Section. The right to
25a division of pension benefits in just proportions under this
26Section is enforceable under Section 1-119 of the Illinois



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1Pension Code.
2    The value of pension benefits in a retirement system
3subject to the Illinois Pension Code shall be determined in
4accordance with the valuation procedures established by the
5retirement system.
6    The recognition of pension benefits as marital property and
7the division of those benefits pursuant to a Qualified Illinois
8Domestic Relations Order shall not be deemed to be a
9diminishment, alienation, or impairment of those benefits. The
10division of pension benefits is an allocation of property in
11which each spouse has a species of common ownership.
12    (3) For purposes of distribution of property under this
13Section, all stock options and restricted stock or similar form
14of benefit granted to either spouse after the marriage and
15before a judgment of dissolution of marriage or legal
16separation or declaration of invalidity of marriage, whether
17vested or non-vested or whether their value is ascertainable,
18are presumed to be marital property. This presumption of
19marital property is overcome by a showing that the stock
20options or restricted stock or similar form of benefit were
21acquired by a method listed in subsection (a) of this Section.
22The court shall allocate stock options and restricted stock or
23similar form of benefit between the parties at the time of the
24judgment of dissolution of marriage or declaration of
25invalidity of marriage recognizing that the value of the stock
26options and restricted stock or similar form of benefit may not



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1be then determinable and that the actual division of the
2options may not occur until a future date. In making the
3allocation between the parties, the court shall consider, in
4addition to the factors set forth in subsection (d) of this
5Section, the following:
6        (i) All circumstances underlying the grant of the stock
7    option and restricted stock or similar form of benefit
8    including but not limited to the vesting schedule, whether
9    the grant was for past, present, or future efforts, whether
10    the grant is designed to promote future performance or
11    employment, or any combination thereof.
12        (ii) The length of time from the grant of the option to
13    the time the option is exercisable.
14    (b-5) As to any existing policy of life insurance insuring
15the life of either spouse, or any interest in such policy, that
16constitutes marital property, whether whole life, term life,
17group term life, universal life, or other form of life
18insurance policy, and whether or not the value is
19ascertainable, the court shall allocate ownership, death
20benefits or the right to assign death benefits, and the
21obligation for premium payments, if any, equitably between the
22parties at the time of the judgment for dissolution or
23declaration of invalidity of marriage.
24    (c) Commingled marital and non-marital property shall be
25treated in the following manner, unless otherwise agreed by the



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1        (1)(A) If marital and non-marital property are
2    commingled by one estate being contributed into the other,
3    the following shall apply:
4            (i) If the contributed property loses its
5        identity, the contributed property transmutes to the
6        estate receiving the property, subject to the
7        provisions of paragraph (2) of this subsection (c).
8            (ii) If the contributed property retains its
9        identity, it does not transmute and remains property of
10        the contributing estate.
11        (B) If marital and non-marital property are commingled
12    into newly acquired property resulting in a loss of
13    identity of the contributing estates, the commingled
14    property shall be deemed transmuted to marital property,
15    subject to the provisions of paragraph (2) of this
16    subsection (c).
17        (2)(A) When one estate of property makes a contribution
18    to another estate of property, the contributing estate
19    shall be reimbursed from the estate receiving the
20    contribution notwithstanding any transmutation. No such
21    reimbursement shall be made with respect to a contribution
22    that is not traceable by clear and convincing evidence or
23    that was a gift. The court may provide for reimbursement
24    out of the marital property to be divided or by imposing a
25    lien against the non-marital property that received the
26    contribution.



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1        (B) When a spouse contributes personal effort to
2    non-marital property, it shall be deemed a contribution
3    from the marital estate, which shall receive reimbursement
4    for the efforts if the efforts are significant and result
5    in substantial appreciation to the non-marital property
6    except that if the marital estate reasonably has been
7    compensated for his or her efforts, it shall not be deemed
8    a contribution to the marital estate and there shall be no
9    reimbursement to the marital estate. The court may provide
10    for reimbursement out of the marital property to be divided
11    or by imposing a lien against the non-marital property
12    which received the contribution.
13    (d) In a proceeding for dissolution of marriage or
14declaration of invalidity of marriage, or in a proceeding for
15disposition of property following dissolution of marriage by a
16court that lacked personal jurisdiction over the absent spouse
17or lacked jurisdiction to dispose of the property, the court
18shall assign each spouse's non-marital property to that spouse.
19It also shall divide the marital property without regard to
20marital misconduct in just proportions considering all
21relevant factors, including:
22        (1) each party's contribution to the acquisition,
23    preservation, or increase or decrease in value of the
24    marital or non-marital property, including (i) any
25    decrease attributable to an advance from the parties'
26    marital estate under subsection (c-1)(2) of Section 501;



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1    (ii) the contribution of a spouse as a homemaker or to the
2    family unit; and (iii) whether the contribution is after
3    the commencement of a proceeding for dissolution of
4    marriage or declaration of invalidity of marriage;
5        (2) the dissipation by each party of the marital
6    property, provided that a party's claim of dissipation is
7    subject to the following conditions:
8            (i) a notice of intent to claim dissipation shall
9        be given no later than 60 days before trial or 30 days
10        after discovery closes, whichever is later;
11            (ii) the notice of intent to claim dissipation
12        shall contain, at a minimum, a date or period of time
13        during which the marriage began undergoing an
14        irretrievable breakdown, an identification of the
15        property dissipated, and a date or period of time
16        during which the dissipation occurred;
17            (iii) a certificate or service of the notice of
18        intent to claim dissipation shall be filed with the
19        clerk of the court and be served pursuant to applicable
20        rules;
21            (iv) no dissipation shall be deemed to have
22        occurred prior to 3 years after the party claiming
23        dissipation knew or should have known of the
24        dissipation, but in no event prior to 5 years before
25        the filing of the petition for dissolution of marriage;
26        (3) the value of the property assigned to each spouse;



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1        (4) the duration of the marriage;
2        (5) the relevant economic circumstances of each spouse
3    when the division of property is to become effective,
4    including the desirability of awarding the family home, or
5    the right to live therein for reasonable periods, to the
6    spouse having the primary residence of the children;
7        (6) any obligations and rights arising from a prior
8    marriage of either party;
9        (7) any prenuptial or postnuptial agreement of the
10    parties;
11        (8) the age, health, station, occupation, amount and
12    sources of income, vocational skills, employability,
13    estate, liabilities, and needs of each of the parties;
14        (9) the custodial provisions for any children;
15        (10) whether the apportionment is in lieu of or in
16    addition to maintenance;
17        (11) the reasonable opportunity of each spouse for
18    future acquisition of capital assets and income; and
19        (12) the tax consequences of the property division upon
20    the respective economic circumstances of the parties.
21    (e) Each spouse has a species of common ownership in the
22marital property which vests at the time dissolution
23proceedings are commenced and continues only during the
24pendency of the action. Any such interest in marital property
25shall not encumber that property so as to restrict its
26transfer, assignment or conveyance by the title holder unless



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1such title holder is specifically enjoined from making such
2transfer, assignment or conveyance.
3    (f) In a proceeding for dissolution of marriage or
4declaration of invalidity of marriage or in a proceeding for
5disposition of property following dissolution of marriage by a
6court that lacked personal jurisdiction over the absent spouse
7or lacked jurisdiction to dispose of the property, the court,
8in determining the value of the marital and non-marital
9property for purposes of dividing the property, has the
10discretion to use the date of the trial or such other date as
11agreed upon by the parties, or ordered by the court within its
12discretion, for purposes of determining the value of assets or
14    (g) The court if necessary to protect and promote the best
15interests of the children may set aside a portion of the
16jointly or separately held estates of the parties in a separate
17fund or trust for the support, maintenance, education, physical
18and mental health, and general welfare of any minor, dependent,
19or incompetent child of the parties. In making a determination
20under this subsection, the court may consider, among other
21things, the conviction of a party of any of the offenses set
22forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2312-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
2412-15, or 12-16, or Section 12-3.05 except for subdivision
25(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal
26Code of 2012 if the victim is a child of one or both of the



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1parties, and there is a need for, and cost of, care, healing
2and counseling for the child who is the victim of the crime.
3    (h) Unless specifically directed by a reviewing court, or
4upon good cause shown, the court shall not on remand consider
5any increase or decrease in the value of any "marital" or
6"non-marital" property occurring since the assessment of such
7property at the original trial or hearing, but shall use only
8that assessment made at the original trial or hearing.
9    (i) The court may make such judgments affecting the marital
10property as may be just and may enforce such judgments by
11ordering a sale of marital property, with proceeds therefrom to
12be applied as determined by the court.
13    (j) After proofs have closed in the final hearing on all
14other issues between the parties (or in conjunction with the
15final hearing, if all parties so stipulate) and before judgment
16is entered, a party's petition for contribution to fees and
17costs incurred in the proceeding shall be heard and decided, in
18accordance with the following provisions:
19        (1) A petition for contribution, if not filed before
20    the final hearing on other issues between the parties,
21    shall be filed no later than 14 days after the closing of
22    proofs in the final hearing or within such other period as
23    the court orders.
24        (2) Any award of contribution to one party from the
25    other party shall be based on the criteria for division of
26    marital property under this Section 503 and, if maintenance



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1    has been awarded, on the criteria for an award of
2    maintenance under Section 504.
3        (3) The filing of a petition for contribution shall not
4    be deemed to constitute a waiver of the attorney-client
5    privilege between the petitioning party and current or
6    former counsel; and such a waiver shall not constitute a
7    prerequisite to a hearing for contribution. If either
8    party's presentation on contribution, however, includes
9    evidence within the scope of the attorney-client
10    privilege, the disclosure or disclosures shall be narrowly
11    construed and shall not be deemed by the court to
12    constitute a general waiver of the privilege as to matters
13    beyond the scope of the presentation.
14        (4) No finding on which a contribution award is based
15    or denied shall be asserted against counsel or former
16    counsel for purposes of any hearing under subsection (c) or
17    (e) of Section 508.
18        (5) A contribution award (payable to either the
19    petitioning party or the party's counsel, or jointly, as
20    the court determines) may be in the form of either a set
21    dollar amount or a percentage of fees and costs (or a
22    portion of fees and costs) to be subsequently agreed upon
23    by the petitioning party and counsel or, alternatively,
24    thereafter determined in a hearing pursuant to subsection
25    (c) of Section 508 or previously or thereafter determined
26    in an independent proceeding under subsection (e) of



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1    Section 508.
2        (6) The changes to this Section 503 made by this
3    amendatory Act of 1996 apply to cases pending on or after
4    June 1, 1997, except as otherwise provided in Section 508.
5    (k) In determining the value of assets or property under
6this Section, the court shall employ a fair market value
7standard. The date of valuation for the purposes of division of
8assets shall be the date of trial or such other date as agreed
9by the parties or ordered by the court, within its discretion.
10If the court grants a petition brought under Section 2-1401 of
11the Code of Civil Procedure, then the court has the discretion
12to use the date of the trial or such other date as agreed upon
13by the parties, or ordered by the court within its discretion,
14for purposes of determining the value of assets or property.
15    (l) The court may seek the advice of financial experts or
16other professionals, whether or not employed by the court on a
17regular basis. The advice given shall be in writing and made
18available by the court to counsel. Counsel may examine as a
19witness any professional consulted by the court designated as
20the court's witness. Professional personnel consulted by the
21court are subject to subpoena for the purposes of discovery,
22trial, or both. The court shall allocate the costs and fees of
23those professional personnel between the parties based upon the
24financial ability of each party and any other criteria the
25court considers appropriate, and the allocation is subject to
26reallocation under subsection (a) of Section 508. Upon the



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1request of any party or upon the court's own motion, the court
2may conduct a hearing as to the reasonableness of those fees
3and costs.
4    (m) The changes made to this Section by Public Act 97-941
5apply only to petitions for dissolution of marriage filed on or
6after January 1, 2013 (the effective date of Public Act
8(Source: P.A. 99-78, eff. 7-20-15; 99-90, eff. 1-1-16.)
9    (750 ILCS 5/504)  (from Ch. 40, par. 504)
10    Sec. 504. Maintenance.
11    (a) Entitlement to maintenance. In a proceeding for
12dissolution of marriage or legal separation or declaration of
13invalidity of marriage, or a proceeding for maintenance
14following dissolution of the marriage by a court which lacked
15personal jurisdiction over the absent spouse, the court may
16grant a maintenance award for either spouse in amounts and for
17periods of time as the court deems just, without regard to
18marital misconduct, and the maintenance may be paid from the
19income or property of the other spouse. The court shall first
20determine whether a maintenance award is appropriate, after
21consideration of all relevant factors, including:
22        (1) the income and property of each party, including
23    marital property apportioned and non-marital property
24    assigned to the party seeking maintenance as well as all
25    financial obligations imposed on the parties as a result of



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1    the dissolution of marriage;
2        (2) the needs of each party;
3        (3) the realistic present and future earning capacity
4    of each party;
5        (4) any impairment of the present and future earning
6    capacity of the party seeking maintenance due to that party
7    devoting time to domestic duties or having forgone or
8    delayed education, training, employment, or career
9    opportunities due to the marriage;
10        (5) any impairment of the realistic present or future
11    earning capacity of the party against whom maintenance is
12    sought;
13        (6) the time necessary to enable the party seeking
14    maintenance to acquire appropriate education, training,
15    and employment, and whether that party is able to support
16    himself or herself through appropriate employment or any
17    parental responsibility arrangements and its effect on the
18    party seeking employment;
19        (7) the standard of living established during the
20    marriage;
21        (8) the duration of the marriage;
22        (9) the age, health, station, occupation, amount and
23    sources of income, vocational skills, employability,
24    estate, liabilities, and the needs of each of the parties;
25        (10) all sources of public and private income
26    including, without limitation, disability and retirement



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1    income;
2        (11) the tax consequences of the property division upon
3    the respective economic circumstances of the parties;
4        (12) contributions and services by the party seeking
5    maintenance to the education, training, career or career
6    potential, or license of the other spouse;
7        (13) any valid agreement of the parties; and
8        (14) any other factor that the court expressly finds to
9    be just and equitable.
10    (b) (Blank).
11    (b-1) Amount and duration of maintenance. If the court
12determines that a maintenance award is appropriate, the court
13shall order maintenance in accordance with either paragraph (1)
14or (2) of this subsection (b-1):
15        (1) Maintenance award in accordance with guidelines.
16    In situations when the combined gross income of the parties
17    is less than $250,000 and the payor has no obligation to
18    pay child support or maintenance or both from a prior
19    relationship, maintenance payable after the date the
20    parties' marriage is dissolved shall be in accordance with
21    subparagraphs (A) and (B) of this paragraph (1), unless the
22    court makes a finding that the application of the
23    guidelines would be inappropriate.
24            (A) The amount of maintenance under this paragraph
25        (1) shall be calculated by taking 30% of the payor's
26        gross income minus 20% of the payee's gross income. The



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1        amount calculated as maintenance, however, when added
2        to the gross income of the payee, may not result in the
3        payee receiving an amount that is in excess of 40% of
4        the combined gross income of the parties.
5            (B) The duration of an award under this paragraph
6        (1) shall be calculated by multiplying the length of
7        the marriage at the time the action was commenced by
8        whichever of the following factors applies: 5 years or
9        less (.20); more than 5 years but less than 10 years
10        (.40); 10 years or more but less than 15 years (.60);
11        or 15 years or more but less than 20 years (.80). For a
12        marriage of 20 or more years, the court, in its
13        discretion, shall order either permanent maintenance
14        or maintenance for a period equal to the length of the
15        marriage.
16        (2) Maintenance award not in accordance with
17    guidelines. Any non-guidelines award of maintenance shall
18    be made after the court's consideration of all relevant
19    factors set forth in subsection (a) of this Section.
20    (b-2) Findings. In each case involving the issue of
21maintenance, the court shall make specific findings of fact, as
23        (1) the court shall state its reasoning for awarding or
24    not awarding maintenance and shall include references to
25    each relevant factor set forth in subsection (a) of this
26    Section; and



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1        (2) if the court deviates from otherwise applicable
2    guidelines under paragraph (1) of subsection (b-1), it
3    shall state in its findings the amount of maintenance (if
4    determinable) or duration that would have been required
5    under the guidelines and the reasoning for any variance
6    from the guidelines.
7    (b-3) Gross income. For purposes of this Section, the term
8"gross income" means all income from all sources, within the
9scope of that phrase phase in Section 505 of this Act.
10    (b-4) Unallocated maintenance. Unless the parties
11otherwise agree, the court may not order unallocated
12maintenance and child support in any dissolution judgment or in
13any post-dissolution order. In its discretion, the court may
14order unallocated maintenance and child support in any
15pre-dissolution temporary order.
16    (b-4.5) Fixed-term maintenance in marriages of less than 10
17years. If a court grants maintenance for a fixed period under
18subsection (a) of this Section at the conclusion of a case
19commenced before the tenth anniversary of the marriage, the
20court may also designate the termination of the period during
21which this maintenance is to be paid as a "permanent
22termination". The effect of this designation is that
23maintenance is barred after the ending date of the period
24during which maintenance is to be paid.
25    (b-5) Interest on maintenance. Any maintenance obligation
26including any unallocated maintenance and child support



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1obligation, or any portion of any support obligation, that
2becomes due and remains unpaid shall accrue simple interest as
3set forth in Section 505 of this Act.
4    (b-7) Maintenance judgments. Any new or existing
5maintenance order including any unallocated maintenance and
6child support order entered by the court under this Section
7shall be deemed to be a series of judgments against the person
8obligated to pay support thereunder. Each such judgment to be
9in the amount of each payment or installment of support and
10each such judgment to be deemed entered as of the date the
11corresponding payment or installment becomes due under the
12terms of the support order, except no judgment shall arise as
13to any installment coming due after the termination of
14maintenance as provided by Section 510 of the Illinois Marriage
15and Dissolution of Marriage Act or the provisions of any order
16for maintenance. Each such judgment shall have the full force,
17effect and attributes of any other judgment of this State,
18including the ability to be enforced. Notwithstanding any other
19State or local law to the contrary, a lien arises by operation
20of law against the real and personal property of the obligor
21for each installment of overdue support owed by the obligor.
22    (b-8) Upon review of any previously ordered maintenance
23award, the court may extend maintenance for further review,
24extend maintenance for a fixed non-modifiable term, extend
25maintenance for an indefinite term, or permanently terminate
26maintenance in accordance with subdivision (b-1)(1)(A) of this



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2    (c) Maintenance during an appeal. The court may grant and
3enforce the payment of maintenance during the pendency of an
4appeal as the court shall deem reasonable and proper.
5    (d) Maintenance during imprisonment. No maintenance shall
6accrue during the period in which a party is imprisoned for
7failure to comply with the court's order for the payment of
8such maintenance.
9    (e) Fees when maintenance is paid through the clerk. When
10maintenance is to be paid through the clerk of the court in a
11county of 1,000,000 inhabitants or less, the order shall direct
12the obligor to pay to the clerk, in addition to the maintenance
13payments, all fees imposed by the county board under paragraph
14(3) of subsection (u) of Section 27.1 of the Clerks of Courts
15Act. Unless paid in cash or pursuant to an order for
16withholding, the payment of the fee shall be by a separate
17instrument from the support payment and shall be made to the
18order of the Clerk.
19    (f) Maintenance secured by life insurance. An award ordered
20by a court upon entry of a dissolution judgment or upon entry
21of an award of maintenance following a reservation of
22maintenance in a dissolution judgment may be reasonably
23secured, in whole or in part, by life insurance on the payor's
24life on terms as to which the parties agree, or, if they do not
25agree, on such terms determined by the court, subject to the



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1        (1) With respect to existing life insurance, provided
2    the court is apprised through evidence, stipulation, or
3    otherwise as to level of death benefits, premium, and other
4    relevant data and makes findings relative thereto, the
5    court may allocate death benefits, the right to assign
6    death benefits, or the obligation for future premium
7    payments between the parties as it deems just.
8        (2) To the extent the court determines that its award
9    should be secured, in whole or in part, by new life
10    insurance on the payor's life, the court may only order:
11            (i) that the payor cooperate on all appropriate
12        steps for the payee to obtain such new life insurance;
13        and
14            (ii) that the payee, at his or her sole option and
15        expense, may obtain such new life insurance on the
16        payor's life up to a maximum level of death benefit
17        coverage, or descending death benefit coverage, as is
18        set by the court, such level not to exceed a reasonable
19        amount in light of the court's award, with the payee or
20        the payee's designee being the beneficiary of such life
21        insurance.
22    In determining the maximum level of death benefit coverage,
23    the court shall take into account all relevant facts and
24    circumstances, including the impact on access to life
25    insurance by the maintenance payor. If in resolving any
26    issues under paragraph (2) of this subsection (f) a court



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1    reviews any submitted or proposed application for new
2    insurance on the life of a maintenance payor, the review
3    shall be in camera.
4        (3) A judgment shall expressly set forth that all death
5    benefits paid under life insurance on a payor's life
6    maintained or obtained pursuant to this subsection to
7    secure maintenance are designated as excludable from the
8    gross income of the maintenance payee under Section
9    71(b)(1)(B) of the Internal Revenue Code, unless an
10    agreement or stipulation of the parties otherwise
11    provides.
12(Source: P.A. 98-961, eff. 1-1-15; 99-90, eff. 1-1-16.)
13    (750 ILCS 5/505)  (from Ch. 40, par. 505)
14    Sec. 505. Child support; contempt; penalties.
15    (a) In a proceeding for dissolution of marriage, legal
16separation, declaration of invalidity of marriage, a
17proceeding for child support following dissolution of the
18marriage by a court that lacked personal jurisdiction over the
19absent spouse, a proceeding for modification of a previous
20order for child support under Section 510 of this Act, or any
21proceeding authorized under Section 501 or 601 of this Act, the
22court may order either or both parents owing a duty of support
23to a child of the marriage to pay an amount reasonable and
24necessary for the support of the child, without regard to
25marital misconduct. The duty of support owed to a child



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1includes the obligation to provide for the reasonable and
2necessary educational, physical, mental and emotional health
3needs of the child. For purposes of this Section, the term
4"child" shall include any child under age 18 and any child
5under age 19 who is still attending high school. For purposes
6of this Section, the term "supporting parent" means the parent
7obligated to pay support to the other parent.
8        (1) The Court shall determine the minimum amount of
9    support by using the following guidelines:
10Number of ChildrenPercent of Supporting Party's
11Net Income
176 or more50%
18        (2) The above guidelines shall be applied in each case
19    unless the court finds that a deviation from the guidelines
20    is appropriate after considering the best interest of the
21    child in light of the evidence, including, but not limited
22    to, one or more of the following relevant factors:
23            (a) the financial resources and needs of the child;
24            (b) the financial resources and needs of the
25        parents;
26            (c) the standard of living the child would have



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1        enjoyed had the marriage not been dissolved;
2            (d) the physical, mental, and emotional needs of
3        the child; and
4            (d-5) the educational needs of the child.
5        If the court deviates from the guidelines, the court's
6    finding shall state the amount of support that would have
7    been required under the guidelines, if determinable. The
8    court shall include the reason or reasons for the variance
9    from the guidelines.
10        (2.5) The court, in its discretion, in addition to
11    setting child support pursuant to the guidelines and
12    factors, may order either or both parents owing a duty of
13    support to a child of the marriage to contribute to the
14    following expenses, if determined by the court to be
15    reasonable:
16            (a) health needs not covered by insurance;
17            (b) child care;
18            (c) education; and
19            (d) extracurricular activities.
20        (3) "Net income" is defined as the total of all income
21    from all sources, minus the following deductions:
22            (a) Federal income tax (properly calculated
23        withholding or estimated payments);
24            (b) State income tax (properly calculated
25        withholding or estimated payments);
26            (c) Social Security (FICA payments);



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1            (d) Mandatory retirement contributions required by
2        law or as a condition of employment;
3            (e) Union dues;
4            (f) Dependent and individual
5        health/hospitalization insurance premiums and premiums
6        for life insurance ordered by the court to reasonably
7        secure payment of ordered child support;
8            (g) Prior obligations of support or maintenance
9        actually paid pursuant to a court order;
10            (g-5) Obligations pursuant to a court order for
11        maintenance in the pending proceeding actually paid or
12        payable under Section 504 to the same party to whom
13        child support is to be payable;
14            (h) Expenditures for repayment of debts that
15        represent reasonable and necessary expenses for the
16        production of income including, but not limited to,
17        student loans, medical expenditures necessary to
18        preserve life or health, reasonable expenditures for
19        the benefit of the child and the other parent,
20        exclusive of gifts. The court shall reduce net income
21        in determining the minimum amount of support to be
22        ordered only for the period that such payments are due
23        and shall enter an order containing provisions for its
24        self-executing modification upon termination of such
25        payment period;
26            (i) Foster care payments paid by the Department of



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1        Children and Family Services for providing licensed
2        foster care to a foster child.
3        (4) In cases where the court order provides for
4    health/hospitalization insurance coverage pursuant to
5    Section 505.2 of this Act, the premiums for that insurance,
6    or that portion of the premiums for which the supporting
7    party is responsible in the case of insurance provided
8    through an employer's health insurance plan where the
9    employer pays a portion of the premiums, shall be
10    subtracted from net income in determining the minimum
11    amount of support to be ordered.
12        (4.5) In a proceeding for child support following
13    dissolution of the marriage by a court that lacked personal
14    jurisdiction over the absent spouse, and in which the court
15    is requiring payment of support for the period before the
16    date an order for current support is entered, there is a
17    rebuttable presumption that the supporting party's net
18    income for the prior period was the same as his or her net
19    income at the time the order for current support is
20    entered.
21        (5) If the net income cannot be determined because of
22    default or any other reason, the court shall order support
23    in an amount considered reasonable in the particular case.
24    The final order in all cases shall state the support level
25    in dollar amounts. However, if the court finds that the
26    child support amount cannot be expressed exclusively as a



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1    dollar amount because all or a portion of the supporting
2    parent's net income is uncertain as to source, time of
3    payment, or amount, the court may order a percentage amount
4    of support in addition to a specific dollar amount and
5    enter such other orders as may be necessary to determine
6    and enforce, on a timely basis, the applicable support
7    ordered.
8        (6) If (i) the supporting parent was properly served
9    with a request for discovery of financial information
10    relating to the supporting parent's ability to provide
11    child support, (ii) the supporting parent failed to comply
12    with the request, despite having been ordered to do so by
13    the court, and (iii) the supporting parent is not present
14    at the hearing to determine support despite having received
15    proper notice, then any relevant financial information
16    concerning the supporting parent's ability to provide
17    child support that was obtained pursuant to subpoena and
18    proper notice shall be admitted into evidence without the
19    need to establish any further foundation for its admission.
20    (a-5) In an action to enforce an order for support based on
21the respondent's failure of the supporting parent to make
22support payments as required by the order, notice of
23proceedings to hold the supporting parent respondent in
24contempt for that failure may be served on the supporting
25parent respondent by personal service or by regular mail
26addressed to the respondent's last known address of the



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1supporting parent. The respondent's last known address of the
2supporting parent may be determined from records of the clerk
3of the court, from the Federal Case Registry of Child Support
4Orders, or by any other reasonable means.
5    (b) Failure of either parent to comply with an order to pay
6support shall be punishable as in other cases of contempt. In
7addition to other penalties provided by law the Court may,
8after finding the parent guilty of contempt, order that the
9parent be:
10        (1) placed on probation with such conditions of
11    probation as the Court deems advisable;
12        (2) sentenced to periodic imprisonment for a period not
13    to exceed 6 months; provided, however, that the Court may
14    permit the parent to be released for periods of time during
15    the day or night to:
16            (A) work; or
17            (B) conduct a business or other self-employed
18        occupation.
19    The Court may further order any part or all of the earnings
20of a parent during a sentence of periodic imprisonment paid to
21the Clerk of the Circuit Court or to the parent receiving the
22support or to the guardian receiving the support of the
23children of the sentenced parent for the support of said
24children until further order of the Court.
25    If a parent who is found guilty of contempt for failure to
26comply with an order to pay support is a person who conducts a



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1business or who is self-employed, the court in addition to
2other penalties provided by law may order that the parent do
3one or more of the following: (i) provide to the court monthly
4financial statements showing income and expenses from the
5business or the self-employment; (ii) seek employment and
6report periodically to the court with a diary, listing, or
7other memorandum of his or her employment search efforts; or
8(iii) report to the Department of Employment Security for job
9search services to find employment that will be subject to
10withholding for child support.
11    If there is a unity of interest and ownership sufficient to
12render no financial separation between a supporting parent and
13another person or persons or business entity, the court may
14pierce the ownership veil of the person, persons, or business
15entity to discover assets of the supporting parent held in the
16name of that person, those persons, or that business entity.
17The following circumstances are sufficient to authorize a court
18to order discovery of the assets of a person, persons, or
19business entity and to compel the application of any discovered
20assets toward payment on the judgment for support:
21        (1) the supporting parent and the person, persons, or
22    business entity maintain records together.
23        (2) the supporting parent and the person, persons, or
24    business entity fail to maintain an arm's length
25    relationship between themselves with regard to any assets.
26        (3) the supporting parent transfers assets to the



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1    person, persons, or business entity with the intent to
2    perpetrate a fraud on the parent receiving the support.
3    With respect to assets which are real property, no order
4entered under this paragraph shall affect the rights of bona
5fide purchasers, mortgagees, judgment creditors, or other lien
6holders who acquire their interests in the property prior to
7the time a notice of lis pendens pursuant to the Code of Civil
8Procedure or a copy of the order is placed of record in the
9office of the recorder of deeds for the county in which the
10real property is located.
11    The court may also order in cases where the parent is 90
12days or more delinquent in payment of support or has been
13adjudicated in arrears in an amount equal to 90 days obligation
14or more, that the parent's Illinois driving privileges be
15suspended until the court determines that the parent is in
16compliance with the order of support. The court may also order
17that the parent be issued a family financial responsibility
18driving permit that would allow limited driving privileges for
19employment and medical purposes in accordance with Section
207-702.1 of the Illinois Vehicle Code. The clerk of the circuit
21court shall certify the order suspending the driving privileges
22of the parent or granting the issuance of a family financial
23responsibility driving permit to the Secretary of State on
24forms prescribed by the Secretary. Upon receipt of the
25authenticated documents, the Secretary of State shall suspend
26the parent's driving privileges until further order of the



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1court and shall, if ordered by the court, subject to the
2provisions of Section 7-702.1 of the Illinois Vehicle Code,
3issue a family financial responsibility driving permit to the
5    In addition to the penalties or punishment that may be
6imposed under this Section, any person whose conduct
7constitutes a violation of Section 15 of the Non-Support
8Punishment Act may be prosecuted under that Act, and a person
9convicted under that Act may be sentenced in accordance with
10that Act. The sentence may include but need not be limited to a
11requirement that the person perform community service under
12Section 50 of that Act or participate in a work alternative
13program under Section 50 of that Act. A person may not be
14required to participate in a work alternative program under
15Section 50 of that Act if the person is currently participating
16in a work program pursuant to Section 505.1 of this Act.
17    A support obligation, or any portion of a support
18obligation, which becomes due and remains unpaid as of the end
19of each month, excluding the child support that was due for
20that month to the extent that it was not paid in that month,
21shall accrue simple interest as set forth in Section 12-109 of
22the Code of Civil Procedure. An order for support entered or
23modified on or after January 1, 2006 shall contain a statement
24that a support obligation required under the order, or any
25portion of a support obligation required under the order, that
26becomes due and remains unpaid as of the end of each month,



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1excluding the child support that was due for that month to the
2extent that it was not paid in that month, shall accrue simple
3interest as set forth in Section 12-109 of the Code of Civil
4Procedure. Failure to include the statement in the order for
5support does not affect the validity of the order or the
6accrual of interest as provided in this Section.
7    (c) A one-time charge of 20% is imposable upon the amount
8of past-due child support owed on July 1, 1988 which has
9accrued under a support order entered by the court. The charge
10shall be imposed in accordance with the provisions of Section
1110-21 of the Illinois Public Aid Code and shall be enforced by
12the court upon petition.
13    (d) Any new or existing support order entered by the court
14under this Section shall be deemed to be a series of judgments
15against the person obligated to pay support thereunder, each
16such judgment to be in the amount of each payment or
17installment of support and each such judgment to be deemed
18entered as of the date the corresponding payment or installment
19becomes due under the terms of the support order. Each such
20judgment shall have the full force, effect and attributes of
21any other judgment of this State, including the ability to be
22enforced. Notwithstanding any other State or local law to the
23contrary, a lien arises by operation of law against the real
24and personal property of the supporting parent for each
25installment of overdue support owed by the supporting parent.
26    (e) When child support is to be paid through the clerk of



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1the court in a county of 1,000,000 inhabitants or less, the
2order shall direct the supporting parent to pay to the clerk,
3in addition to the child support payments, all fees imposed by
4the county board under paragraph (3) of subsection (u) of
5Section 27.1 of the Clerks of Courts Act. Unless paid in cash
6or pursuant to an order for withholding, the payment of the fee
7shall be by a separate instrument from the support payment and
8shall be made to the order of the Clerk.
9    (f) All orders for support, when entered or modified, shall
10include a provision requiring the supporting parent to notify
11the court and, in cases in which a party is receiving child and
12spouse services under Article X of the Illinois Public Aid
13Code, the Department of Healthcare and Family Services, within
147 days, (i) of the name and address of any new employer of the
15obligor, (ii) whether the supporting parent has access to
16health insurance coverage through the employer or other group
17coverage and, if so, the policy name and number and the names
18of persons covered under the policy, except only the initials
19of any covered minors shall be included, and (iii) of any new
20residential or mailing address or telephone number of the
21supporting parent. In any subsequent action to enforce a
22support order, upon a sufficient showing that a diligent effort
23has been made to ascertain the location of the supporting
24parent, service of process or provision of notice necessary in
25the case may be made at the last known address of the
26supporting parent in any manner expressly provided by the Code



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1of Civil Procedure or this Act, which service shall be
2sufficient for purposes of due process.
3    (g) An order for support shall include a date on which the
4current support obligation terminates. The termination date
5shall be no earlier than the date on which the child covered by
6the order will attain the age of 18. However, if the child will
7not graduate from high school until after attaining the age of
818, then the termination date shall be no earlier than the
9earlier of the date on which the child's high school graduation
10will occur or the date on which the child will attain the age
11of 19. The order for support shall state that the termination
12date does not apply to any arrearage that may remain unpaid on
13that date. Nothing in this subsection shall be construed to
14prevent the court from modifying the order or terminating the
15order in the event the child is otherwise emancipated.
16    (g-5) If there is an unpaid arrearage or delinquency (as
17those terms are defined in the Income Withholding for Support
18Act) equal to at least one month's support obligation on the
19termination date stated in the order for support or, if there
20is no termination date stated in the order, on the date the
21child attains the age of majority or is otherwise emancipated,
22the periodic amount required to be paid for current support of
23that child immediately prior to that date shall automatically
24continue to be an obligation, not as current support but as
25periodic payment toward satisfaction of the unpaid arrearage or
26delinquency. That periodic payment shall be in addition to any



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1periodic payment previously required for satisfaction of the
2arrearage or delinquency. The total periodic amount to be paid
3toward satisfaction of the arrearage or delinquency may be
4enforced and collected by any method provided by law for
5enforcement and collection of child support, including but not
6limited to income withholding under the Income Withholding for
7Support Act. Each order for support entered or modified on or
8after the effective date of this amendatory Act of the 93rd
9General Assembly must contain a statement notifying the parties
10of the requirements of this subsection. Failure to include the
11statement in the order for support does not affect the validity
12of the order or the operation of the provisions of this
13subsection with regard to the order. This subsection shall not
14be construed to prevent or affect the establishment or
15modification of an order for support of a minor child or the
16establishment or modification of an order for support of a
17non-minor child or educational expenses under Section 513 of
18this Act.
19    (h) An order entered under this Section shall include a
20provision requiring either parent to report to the other parent
21and to the clerk of court within 10 days each time either
22parent obtains new employment, and each time either parent's
23employment is terminated for any reason. The report shall be in
24writing and shall, in the case of new employment, include the
25name and address of the new employer. Failure to report new
26employment or the termination of current employment, if coupled



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1with nonpayment of support for a period in excess of 60 days,
2is indirect criminal contempt. For either parent arrested for
3failure to report new employment bond shall be set in the
4amount of the child support that should have been paid during
5the period of unreported employment. An order entered under
6this Section shall also include a provision requiring either
7parent to advise the other of a change in residence within 5
8days of the change except when the court finds that the
9physical, mental, or emotional health of a party or that of a
10child, or both, would be seriously endangered by disclosure of
11the party's address.
12    (i) The court does not lose the powers of contempt,
13driver's license suspension, or other child support
14enforcement mechanisms, including, but not limited to,
15criminal prosecution as set forth in this Act, upon the
16emancipation of the minor child or children.
17(Source: P.A. 98-463, eff. 8-16-13; 98-961, eff. 1-1-15; 99-90,
18eff. 1-1-16.)
19    (750 ILCS 5/508)  (from Ch. 40, par. 508)
20    Sec. 508. Attorney's Fees; Client's Rights and
21Responsibilities Respecting Fees and Costs.
22    (a) The court from time to time, after due notice and
23hearing, and after considering the financial resources of the
24parties, may order any party to pay a reasonable amount for his
25own or the other party's costs and attorney's fees. Interim



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1attorney's fees and costs may be awarded from the opposing
2party, in a pre-judgment dissolution proceeding in accordance
3with subsection (c-1) of Section 501 and in any other
4proceeding under this subsection. At the conclusion of any
5pre-judgment dissolution proceeding under this subsection,
6contribution to attorney's fees and costs may be awarded from
7the opposing party in accordance with subsection (j) of Section
8503 and in any other proceeding under this subsection. Fees and
9costs may be awarded in any proceeding to counsel from a former
10client in accordance with subsection (c) of this Section.
11Awards may be made in connection with the following:
12        (1) The maintenance or defense of any proceeding under
13    this Act.
14        (2) The enforcement or modification of any order or
15    judgment under this Act.
16        (3) The defense of an appeal of any order or judgment
17    under this Act, including the defense of appeals of
18    post-judgment orders.
19        (3.1) The prosecution of any claim on appeal (if the
20    prosecuting party has substantially prevailed).
21        (4) The maintenance or defense of a petition brought
22    under Section 2-1401 of the Code of Civil Procedure seeking
23    relief from a final order or judgment under this Act. Fees
24    incurred with respect to motions under Section 2-1401 of
25    the Code of Civil Procedure may be granted only to the
26    party who substantially prevails.



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1        (5) The costs and legal services of an attorney
2    rendered in preparation of the commencement of the
3    proceeding brought under this Act.
4        (6) Ancillary litigation incident to, or reasonably
5    connected with, a proceeding under this Act.
6        (7) Costs and attorney's fees incurred in an action
7    under the Hague Convention on the Civil Aspects of
8    International Child Abduction.
9    All petitions for or relating to interim fees and costs
10under this subsection shall be accompanied by an affidavit as
11to the factual basis for the relief requested and all hearings
12relative to any such petition shall be scheduled expeditiously
13by the court. All provisions for contribution under this
14subsection shall also be subject to paragraphs (3), (4), and
15(5) of subsection (j) of Section 503.
16    The court may order that the award of attorney's fees and
17costs (including an interim or contribution award) shall be
18paid directly to the attorney, who may enforce the order in his
19or her name, or that it shall be paid to the appropriate party.
20Judgment may be entered and enforcement had accordingly. Except
21as otherwise provided in subdivision (e)(1) of this Section,
22subsection (c) of this Section is exclusive as to the right of
23any counsel (or former counsel) of record to petition a court
24for an award and judgment for final fees and costs during the
25pendency of a proceeding under this Act.
26    (a-5) A petition for temporary attorney's fees in a



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1post-judgment case may be heard on a non-evidentiary, summary
3    (b) In every proceeding for the enforcement of an order or
4judgment when the court finds that the failure to comply with
5the order or judgment was without compelling cause or
6justification, the court shall order the party against whom the
7proceeding is brought to pay promptly the costs and reasonable
8attorney's fees of the prevailing party. If non-compliance is
9with respect to a discovery order, the non-compliance is
10presumptively without compelling cause or justification, and
11the presumption may only be rebutted by clear and convincing
12evidence. If at any time a court finds that a hearing under
13this Act was precipitated or conducted for any improper
14purpose, the court shall allocate fees and costs of all parties
15for the hearing to the party or counsel found to have acted
16improperly. Improper purposes include, but are not limited to,
17harassment, unnecessary delay, or other acts needlessly
18increasing the cost of litigation.
19    (c) Final hearings for attorney's fees and costs against an
20attorney's own client, pursuant to a Petition for Setting Final
21Fees and Costs of either a counsel or a client, shall be
22governed by the following:
23        (1) No petition of a counsel of record may be filed
24    against a client unless the filing counsel previously has
25    been granted leave to withdraw as counsel of record or has
26    filed a motion for leave to withdraw as counsel. On receipt



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1    of a petition of a client under this subsection (c), the
2    counsel of record shall promptly file a motion for leave to
3    withdraw as counsel. If the client and the counsel of
4    record agree, however, a hearing on the motion for leave to
5    withdraw as counsel filed pursuant to this subdivision
6    (c)(1) may be deferred until completion of any alternative
7    dispute resolution procedure under subdivision (c)(4). As
8    to any Petition for Setting Final Fees and Costs against a
9    client or counsel over whom the court has not obtained
10    jurisdiction, a separate summons shall issue. Whenever a
11    separate summons is not required, original notice as to a
12    Petition for Setting Final Fees and Costs may be given, and
13    documents served, in accordance with Illinois Supreme
14    Court Rules 11 and 12.
15        (2) No final hearing under this subsection (c) is
16    permitted unless: (i) the counsel and the client had
17    entered into a written engagement agreement at the time the
18    client retained the counsel (or reasonably soon
19    thereafter) and the agreement meets the requirements of
20    subsection (f); (ii) the written engagement agreement is
21    attached to an affidavit of counsel that is filed with the
22    petition or with the counsel's response to a client's
23    petition; (iii) judgment in any contribution hearing on
24    behalf of the client has been entered or the right to a
25    contribution hearing under subsection (j) of Section 503
26    has been waived; (iv) the counsel has withdrawn as counsel



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1    of record; and (v) the petition seeks adjudication of all
2    unresolved claims for fees and costs between the counsel
3    and the client. Irrespective of a Petition for Setting
4    Final Fees and Costs being heard in conjunction with an
5    original proceeding under this Act, the relief requested
6    under a Petition for Setting Final Fees and Costs
7    constitutes a distinct cause of action. A pending but
8    undetermined Petition for Setting Final Fees and Costs
9    shall not affect appealability or enforceability of any
10    judgment or other adjudication in the original proceeding.
11        (3) The determination of reasonable attorney's fees
12    and costs either under this subsection (c), whether
13    initiated by a counsel or a client, or in an independent
14    proceeding for services within the scope of subdivisions
15    (1) through (5) of subsection (a), is within the sound
16    discretion of the trial court. The court shall first
17    consider the written engagement agreement and, if the court
18    finds that the former client and the filing counsel,
19    pursuant to their written engagement agreement, entered
20    into a contract which meets applicable requirements of
21    court rules and addresses all material terms, then the
22    contract shall be enforceable in accordance with its terms,
23    subject to the further requirements of this subdivision
24    (c)(3). Before ordering enforcement, however, the court
25    shall consider the performance pursuant to the contract.
26    Any amount awarded by the court must be found to be fair



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1    compensation for the services, pursuant to the contract,
2    that the court finds were reasonable and necessary. Quantum
3    meruit principles shall govern any award for legal services
4    performed that is not based on the terms of the written
5    engagement agreement (except that, if a court expressly
6    finds in a particular case that aggregate billings to a
7    client were unconscionably excessive, the court in its
8    discretion may reduce the award otherwise determined
9    appropriate or deny fees altogether).
10        (4) No final hearing under this subsection (c) is
11    permitted unless any controversy over fees and costs (that
12    is not otherwise subject to some form of alternative
13    dispute resolution) has first been submitted to mediation,
14    arbitration, or any other court approved alternative
15    dispute resolution procedure, except as follows:
16            (A) In any circuit court for a single county with a
17        population in excess of 1,000,000, the requirement of
18        the controversy being submitted to an alternative
19        dispute resolution procedure is mandatory unless the
20        client and the counsel both affirmatively opt out of
21        such procedures; or
22            (B) In any other circuit court, the requirement of
23        the controversy being submitted to an alternative
24        dispute resolution procedure is mandatory only if
25        neither the client nor the counsel affirmatively opts
26        out of such procedures.



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1        After completion of any such procedure (or after one or
2    both sides has opted out of such procedures), if the
3    dispute is unresolved, any pending motion for leave to
4    withdraw as counsel shall be promptly granted and a final
5    hearing under this subsection (c) shall be expeditiously
6    set and completed.
7        (5) A petition (or a praecipe for fee hearing without
8    the petition) shall be filed no later than the end of the
9    period in which it is permissible to file a motion pursuant
10    to Section 2-1203 of the Code of Civil Procedure. A
11    praecipe for fee hearing shall be dismissed if a Petition
12    for Setting Final Fees and Costs is not filed within 60
13    days after the filing of the praecipe. A counsel who
14    becomes a party by filing a Petition for Setting Final Fees
15    and Costs, or as a result of the client filing a Petition
16    for Setting Final Fees and Costs, shall not be entitled to
17    exercise the right to a substitution of a judge without
18    cause under subdivision (a)(2) of Section 2-1001 of the
19    Code of Civil Procedure. Each of the foregoing deadlines
20    for the filing of a praecipe or a petition shall be:
21        (A) tolled if a motion is filed under Section 2-1203 of
22    the Code of Civil Procedure, in which instance a petition
23    (or a praecipe) shall be filed no later than 30 days
24    following disposition of all Section 2-1203 motions; or
25        (B) tolled if a notice of appeal is filed, in which
26    instance a petition (or praecipe) shall be filed no later



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1    than 30 days following the date jurisdiction on the issue
2    appealed is returned to the trial court.
3    If a praecipe has been timely filed, then by timely filed
4written stipulation between counsel and client (or former
5client), the deadline for the filing of a petition may be
6extended for a period of up to one year.
7    (d) A consent judgment, in favor of a current counsel of
8record against his or her own client for a specific amount in a
9marital settlement agreement, dissolution judgment, or any
10other instrument involving the other litigant, is prohibited. A
11consent judgment between client and counsel, however, is
12permissible if it is entered pursuant to a verified petition
13for entry of consent judgment, supported by an affidavit of the
14counsel of record that includes the counsel's representation
15that the client has been provided an itemization of the billing
16or billings to the client, detailing hourly costs, time spent,
17and tasks performed, and by an affidavit of the client
18acknowledging receipt of that documentation, awareness of the
19right to a hearing, the right to be represented by counsel
20(other than counsel to whom the consent judgment is in favor),
21and the right to be present at the time of presentation of the
22petition, and agreement to the terms of the judgment. The
23petition may be filed at any time during which it is
24permissible for counsel of record to file a petition (or a
25praecipe) for a final fee hearing, except that no such petition
26for entry of consent judgment may be filed before adjudication



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1(or waiver) of the client's right to contribution under
2subsection (j) of Section 503 or filed after the filing of a
3petition (or a praecipe) by counsel of record for a fee hearing
4under subsection (c) if the petition (or praecipe) remains
5pending. No consent security arrangement between a client and a
6counsel of record, pursuant to which assets of a client are
7collateralized to secure payment of legal fees or costs, is
8permissible unless approved in advance by the court as being
9reasonable under the circumstances.
10    (e) Counsel may pursue an award and judgment against a
11former client for legal fees and costs in an independent
12proceeding in the following circumstances:
13        (1) While a case under this Act is still pending, a
14    former counsel may pursue such an award and judgment at any
15    time subsequent to 90 days after the entry of an order
16    granting counsel leave to withdraw; and
17        (2) After the close of the period during which a
18    petition (or praecipe) may be filed under subdivision
19    (c)(5), if no such petition (or praecipe) for the counsel
20    remains pending, any counsel or former counsel may pursue
21    such an award and judgment in an independent proceeding.
22In an independent proceeding, the prior applicability of this
23Section shall in no way be deemed to have diminished any other
24right of any counsel (or former counsel) to pursue an award and
25judgment for legal fees and costs on the basis of remedies that
26may otherwise exist under applicable law; and the limitations



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1period for breach of contract shall apply. In an independent
2proceeding under subdivision (e)(1) in which the former counsel
3had represented a former client in a dissolution case that is
4still pending, the former client may bring in his or her spouse
5as a third-party defendant, provided on or before the final
6date for filing a petition (or praecipe) under subsection (c),
7the party files an appropriate third-party complaint under
8Section 2-406 of the Code of Civil Procedure. In any such case,
9any judgment later obtained by the former counsel shall be
10against both spouses or ex-spouses, jointly and severally
11(except that, if a hearing under subsection (j) of Section 503
12has already been concluded and the court hearing the
13contribution issue has imposed a percentage allocation between
14the parties as to fees and costs otherwise being adjudicated in
15the independent proceeding, the allocation shall be applied
16without deviation by the court in the independent proceeding
17and a separate judgment shall be entered against each spouse
18for the appropriate amount). After the period for the
19commencement of a proceeding under subsection (c), the
20provisions of this Section (other than the standard set forth
21in subdivision (c)(3) and the terms respecting consent security
22arrangements in subsection (d) of this Section 508) shall be
24    The changes made by this amendatory Act of the 94th General
25Assembly are declarative of existing law.
26    (f) Unless the Supreme Court by rule addresses the matters



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1set out in this subsection (f), a written engagement agreement
2within the scope of subdivision (c)(2) shall have appended to
3it verbatim the following Statement:
5    (1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement
6agreement, prepared by the counsel, shall clearly address the
7objectives of representation and detail the fee arrangement,
8including all material terms. If fees are to be based on
9criteria apart from, or in addition to, hourly rates, such
10criteria (e.g., unique time demands and/or utilization of
11unique expertise) shall be delineated. The client shall receive
12a copy of the written engagement agreement and any additional
13clarification requested and is advised not to sign any such
14agreement which the client finds to be unsatisfactory or does
15not understand.
16    (2) REPRESENTATION. Representation will commence upon the
17signing of the written engagement agreement. The counsel will
18provide competent representation, which requires legal
19knowledge, skill, thoroughness and preparation to handle those
20matters set forth in the written engagement agreement. Once
21employed, the counsel will act with reasonable diligence and
22promptness, as well as use his best efforts on behalf of the
23client, but he cannot guarantee results. The counsel will abide
24by the client's decision concerning the objectives of
25representation, including whether or not to accept an offer of



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1settlement, and will endeavor to explain any matter to the
2extent reasonably necessary to permit the client to make
3informed decisions regarding representation. During the course
4of representation and afterwards, the counsel may not use or
5reveal a client's confidence or secrets, except as required or
6permitted by law.
7    (3) COMMUNICATION. The counsel will keep the client
8reasonably informed about the status of representation and will
9promptly respond to reasonable requests for information,
10including any reasonable request for an estimate respecting
11future costs of the representation or an appropriate portion of
12it. The client shall be truthful in all discussions with the
13counsel and provide all information or documentation required
14to enable the counsel to provide competent representation.
15During representation, the client is entitled to receive all
16pleadings and substantive documents prepared on behalf of the
17client and every document received from any other counsel of
18record. At the end of the representation and on written request
19from the client, the counsel will return to the client all
20original documents and exhibits. In the event that the counsel
21withdraws from representation, or is discharged by the client,
22the counsel will turn over to the substituting counsel (or, if
23no substitutions, to the client) all original documents and
24exhibits together with complete copies of all pleadings and
25discovery within thirty (30) days of the counsel's withdrawal
26or discharge.



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1    (4) ETHICAL CONDUCT. The counsel cannot be required to
2engage in conduct which is illegal, unethical, or fraudulent.
3In matters involving minor children, the counsel may refuse to
4engage in conduct which, in the counsel's professional
5judgment, would be contrary to the best interest of the
6client's minor child or children. A counsel who cannot
7ethically abide by his client's directions shall be allowed to
8withdraw from representation.
9    (5) FEES. The counsel's fee for services may not be
10contingent upon the securing of a dissolution of marriage or
11upon being allocated parental responsibility or be based upon
12the amount of maintenance, child support, or property
13settlement received, except as specifically permitted under
14Supreme Court rules. The counsel may not require a
15non-refundable retainer fee, but must remit back any
16overpayment at the end of the representation. The counsel may
17enter into a consensual security arrangement with the client
18whereby assets of the client are pledged to secure payment of
19legal fees or costs, but only if the counsel first obtains
20approval of the Court. The counsel will prepare and provide the
21client with an itemized billing statement detailing hourly
22rates (and/or other criteria), time spent, tasks performed, and
23costs incurred on a regular basis, at least quarterly. The
24client should review each billing statement promptly and
25address any objection or error in a timely manner. The client
26will not be billed for time spent to explain or correct a



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1billing statement. If an appropriately detailed written
2estimate is submitted to a client as to future costs for a
3counsel's representation or a portion of the contemplated
4services (i.e., relative to specific steps recommended by the
5counsel in the estimate) and, without objection from the
6client, the counsel then performs the contemplated services,
7all such services are presumptively reasonable and necessary,
8as well as to be deemed pursuant to the client's direction. In
9an appropriate case, the client may pursue contribution to his
10or her fees and costs from the other party.
11    (6) DISPUTES. The counsel-client relationship is regulated
12by the Illinois Rules of Professional Conduct (Article VIII of
13the Illinois Supreme Court Rules), and any dispute shall be
14reviewed under the terms of such Rules."
15    (g) The changes to this Section 508 made by this amendatory
16Act of 1996 apply to cases pending on or after June 1, 1997,
17except as follows:
18        (1) Subdivisions (c)(1) and (c)(2) of this Section 508,
19    as well as provisions of subdivision (c)(3) of this Section
20    508 pertaining to written engagement agreements, apply
21    only to cases filed on or after June 1, 1997.
22        (2) The following do not apply in the case of a hearing
23    under this Section that began before June 1, 1997:
24            (A) Subsection (c-1) of Section 501.
25            (B) Subsection (j) of Section 503.
26            (C) The changes to this Section 508 made by this



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1        amendatory Act of 1996 pertaining to the final setting
2        of fees.
3(Source: P.A. 99-90, eff. 1-1-16.)
4    (750 ILCS 5/513)  (from Ch. 40, par. 513)
5    Sec. 513. Educational Expenses for a Non-minor Child.
6    (a) The court may award sums of money out of the property
7and income of either or both parties or the estate of a
8deceased parent, as equity may require, for the educational
9expenses of any child of the parties. Unless otherwise agreed
10to by the parties, all educational expenses which are the
11subject of a petition brought pursuant to this Section shall be
12incurred no later than the student's 23rd birthday, except for
13good cause shown, but in no event later than the child's 25th
15    (b) Regardless of whether an award has been made under
16subsection (a), the court may require both parties and the
17child to complete the Free Application for Federal Student Aid
18(FAFSA) and other financial aid forms and to submit any form of
19that type prior to the designated submission deadline for the
20form. The court may require either or both parties to provide
21funds for the child so as to pay for the cost of up to 5 college
22applications, the cost of 2 standardized college entrance
23examinations, and the cost of one standardized college entrance
24examination preparatory course.
25    (c) The authority under this Section to make provision for



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1educational expenses extends not only to periods of college
2education or vocational or professional or other training after
3graduation from high school, but also to any period during
4which the child of the parties is still attending high school,
5even though he or she attained the age of 19.
6    (d) Educational expenses may include, but shall not be
7limited to, the following:
8        (1) except for good cause shown, the actual cost of the
9    child's post-secondary expenses, including tuition and
10    fees, provided that the cost for tuition and fees does not
11    exceed the amount of in-state tuition and fees paid by a
12    student at the University of Illinois at Urbana-Champaign
13    for the same academic year;
14        (2) except for good cause shown, the actual costs of
15    the child's housing expenses, whether on-campus or
16    off-campus, provided that the housing expenses do not
17    exceed the cost for the same academic year of a
18    double-occupancy student room, with a standard meal plan,
19    in a residence hall operated by the University of Illinois
20    at Urbana-Champaign;
21        (3) the actual costs of the child's medical expenses,
22    including medical insurance, and dental expenses;
23        (4) the reasonable living expenses of the child during
24    the academic year and periods of recess:
25            (A) if the child is a resident student attending a
26        post-secondary educational program; or



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1            (B) if the child is living with one party at that
2        party's home and attending a post-secondary
3        educational program as a non-resident student, in
4        which case the living expenses include an amount that
5        pays for the reasonable cost of the child's food,
6        utilities, and transportation; and
7        (5) the cost of books and other supplies necessary to
8    attend college.
9    (e) Sums may be ordered payable to the child, to either
10party, or to the educational institution, directly or through a
11special account or trust created for that purpose, as the court
12sees fit.
13    (f) If educational expenses are ordered payable, each party
14and the child shall sign any consent necessary for the
15educational institution to provide a supporting party with
16access to the child's academic transcripts, records, and grade
17reports. The consent shall not apply to any non-academic
18records. Failure to execute the required consent may be a basis
19for a modification or termination of any order entered under
20this Section. Unless the court specifically finds that the
21child's safety would be jeopardized, each party is entitled to
22know the name of the educational institution the child attends.
23    (g) The authority under this Section to make provision for
24educational expenses terminates when the child either: fails to
25maintain a cumulative "C" grade point average, except in the
26event of illness or other good cause shown; attains the age of



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123; receives a baccalaureate degree; or marries. A child's
2enlisting in the armed forces, being incarcerated, or becoming
3pregnant does not terminate the court's authority to make
4provisions for the educational expenses for the child under
5this Section.
6    (h) An account established prior to the dissolution that is
7to be used for the child's post-secondary education, that is an
8account in a state tuition program under Section 529 of the
9Internal Revenue Code, or that is some other college savings
10plan, is to be considered by the court to be a resource of the
11child, provided that any post-judgment contribution made by a
12party to such an account is to be considered a contribution
13from that party.
14    (i) The child is not a third party beneficiary to the
15settlement agreement or judgment between the parties after
16trial and is not entitled to file a petition for contribution.
17If the parties' settlement agreement describes the manner in
18which a child's educational expenses will be paid, or if the
19court makes an award pursuant to this Section, then the parties
20are responsible pursuant to that agreement or award for the
21child's educational expenses, but in no event shall the court
22consider the child a third party beneficiary of that provision.
23In the event of the death or legal disability of a party who
24would have the right to file a petition for contribution, the
25child of the party may file a petition for contribution. a
26person with a mental or physical disability a person with a



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1mental or physical disability
2    (j) In making awards under this Section, or pursuant to a
3petition or motion to decrease, modify, or terminate any such
4award, the court shall consider all relevant factors that
5appear reasonable and necessary, including:
6        (1) The present and future financial resources of both
7    parties to meet their needs, including, but not limited to,
8    savings for retirement.
9        (2) The standard of living the child would have enjoyed
10    had the marriage not been dissolved.
11        (3) The financial resources of the child.
12        (4) The child's academic performance.
13    (k) The establishment of an obligation to pay under this
14Section is retroactive only to the date of filing a petition.
15The right to enforce a prior obligation to pay may be enforced
16either before or after the obligation is incurred.
17(Source: P.A. 99-90, eff. 1-1-16; 99-143, eff. 7-27-15; revised
19    (750 ILCS 5/600)
20    Sec. 600. Definitions. For purposes of this Part VI:
21    (a) "Abuse" has the meaning ascribed to that term in
22Section 103 of the Illinois Domestic Violence Act of 1986.
23    (b) "Allocation judgment" means a judgment allocating
24parental responsibilities.
25    (c) "Caretaking functions" means tasks that involve



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1interaction with a child or that direct, arrange, and supervise
2the interaction with and care of a child provided by others, or
3for obtaining the resources allowing for the provision of these
4functions. The term includes, but is not limited to, the
6        (1) satisfying a child's nutritional needs; managing a
7    child's bedtime and wake-up routines; caring for a child
8    when the child is sick or injured; being attentive to a
9    child's personal hygiene needs, including washing,
10    grooming, and dressing; playing with a child and ensuring
11    the child attends scheduled extracurricular activities;
12    protecting a child's physical safety; and providing
13    transportation for a child;
14        (2) directing a child's various developmental needs,
15    including the acquisition of motor and language skills,
16    toilet training, self-confidence, and maturation;
17        (3) providing discipline, giving instruction in
18    manners, assigning and supervising chores, and performing
19    other tasks that attend to a child's needs for behavioral
20    control and self-restraint;
21        (4) ensuring the child attends school, including
22    remedial and special services appropriate to the child's
23    needs and interests, communicating with teachers and
24    counselors, and supervising homework;
25        (5) helping a child develop and maintain appropriate
26    interpersonal relationships with peers, siblings, and



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1    other family members;
2        (6) ensuring the child attends medical appointments
3    and is available for medical follow-up and meeting the
4    medical needs of the child in the home;
5        (7) providing moral and ethical guidance for a child;
6    and
7        (8) arranging alternative care for a child by a family
8    member, babysitter, or other child care provider or
9    facility, including investigating such alternatives,
10    communicating with providers, and supervising such care.
11    (d) "Parental responsibilities" means both parenting time
12and significant decision-making responsibilities with respect
13to a child.
14    (e) "Parenting time" means the time during which a parent
15is responsible for exercising caretaking functions and
16non-significant decision-making responsibilities with respect
17to the child.
18    (f) "Parenting plan" means a written agreement that
19allocates significant decision-making responsibilities,
20parenting time, or both.
21    (g) "Relocation" means:
22        (1) a change of residence from the child's current
23    primary residence located in the county of Cook, DuPage,
24    Kane, Lake, McHenry, or Will to a new residence within this
25    State that is more than 25 miles from the child's current
26    residence, as measured by an Internet mapping service;



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1        (2) a change of residence from the child's current
2    primary residence located in a county not listed in
3    paragraph (1) to a new residence within this State that is
4    more than 50 miles from the child's current primary
5    residence, as measured by an Internet mapping service; or
6        (3) a change of residence from the child's current
7    primary residence to a residence outside the borders of
8    this State that is more than 25 miles from the current
9    primary residence, as measured by an Internet mapping
10    service.
11    (h) "Religious upbringing" means the choice of religion or
12denomination of a religion, religious schooling, religious
13training, or participation in religious customs or practices.
14    (i) "Restriction of parenting time" means any limitation or
15condition placed on parenting time, including supervision.
16    (j) "Right of first refusal" has the meaning provided in
17subsection (b) of Section 602.3 of this Act.
18    (k) "Significant decision-making" means deciding issues of
19long-term importance in the life of a child.
20    (l) "Step-parent" means a person married to a child's
21parent, including a person married to the child's parent
22immediately prior to the parent's death.
23    (m) "Supervision" means the presence of a third party
24during a parent's exercise of parenting time.
25(Source: P.A. 99-90, eff. 1-1-16.)



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1    (750 ILCS 5/602.9)
2    Sec. 602.9. Visitation by certain non-parents.
3    (a) As used in this Section:
4        (1) "electronic communication" means time that a
5    grandparent, great-grandparent, sibling, or step-parent
6    spends with a child during which the child is not in the
7    person's actual physical custody, but which is facilitated
8    by the use of communication tools such as the telephone,
9    electronic mail, instant messaging, video conferencing or
10    other wired or wireless technologies via the Internet, or
11    another medium of communication;
12        (2) "sibling" means a brother or sister either of the
13    whole blood or the half blood, stepbrother, or stepsister
14    of the minor child;
15        (3) "step-parent" means a person married to a child's
16    parent, including a person married to the child's parent
17    immediately prior to the parent's death; and
18        (4) "visitation" means in-person time spent between a
19    child and the child's grandparent, great-grandparent,
20    sibling, step-parent, or any person designated under
21    subsection (d) of Section 602.7. In appropriate
22    circumstances, visitation may include electronic
23    communication under conditions and at times determined by
24    the court.
25    (b) General provisions.
26        (1) An appropriate person, as identified in subsection



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1    (c) of this Section, may bring an action in circuit court
2    by petition, or by filing a petition in a pending
3    dissolution proceeding or any other proceeding that
4    involves parental responsibilities or visitation issues
5    regarding the child, requesting visitation with the child
6    pursuant to this Section. If there is not a pending
7    proceeding involving parental responsibilities or
8    visitation with the child, the petition for visitation with
9    the child must be filed in the county in which the child
10    resides. Notice of the petition shall be given as provided
11    in subsection (c) of Section 601.2 of this Act.
12        (2) This Section does not apply to a child:
13            (A) in whose interests a petition is pending under
14        Section 2-13 of the Juvenile Court Act of 1987; or
15            (B) in whose interests a petition to adopt by an
16        unrelated person is pending under the Adoption Act; or
17            (C) who has been voluntarily surrendered by the
18        parent or parents, except for a surrender to the
19        Department of Children and Family Services or a foster
20        care facility; or
21            (D) who has been previously adopted by an
22        individual or individuals who are not related to the
23        biological parents of the child or who is the subject
24        of a pending adoption petition by an individual or
25        individuals who are not related to the biological
26        parents of the child; or



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1            (E) who has been relinquished pursuant to the
2        Abandoned Newborn Infant Protection Act.
3        (3) A petition for visitation may be filed under this
4    Section only if there has been an unreasonable denial of
5    visitation by a parent and the denial has caused the child
6    undue mental, physical, or emotional harm.
7        (4) There is a rebuttable presumption that a fit
8    parent's actions and decisions regarding grandparent,
9    great-grandparent, sibling, or step-parent visitation are
10    not harmful to the child's mental, physical, or emotional
11    health. The burden is on the party filing a petition under
12    this Section to prove that the parent's actions and
13    decisions regarding visitation will cause undue harm to the
14    child's mental, physical, or emotional health.
15        (5) In determining whether to grant visitation, the
16    court shall consider the following:
17            (A) the wishes of the child, taking into account
18        the child's maturity and ability to express reasoned
19        and independent preferences as to visitation;
20            (B) the mental and physical health of the child;
21            (C) the mental and physical health of the
22        grandparent, great-grandparent, sibling, or
23        step-parent;
24            (D) the length and quality of the prior
25        relationship between the child and the grandparent,
26        great-grandparent, sibling, or step-parent;



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1            (E) the good faith of the party in filing the
2        petition;
3            (F) the good faith of the person denying
4        visitation;
5            (G) the quantity of the visitation time requested
6        and the potential adverse impact that visitation would
7        have on the child's customary activities;
8            (H) any other fact that establishes that the loss
9        of the relationship between the petitioner and the
10        child is likely to unduly harm the child's mental,
11        physical, or emotional health; and
12            (I) whether visitation can be structured in a way
13        to minimize the child's exposure to conflicts between
14        the adults.
15        (6) Any visitation rights granted under this Section
16    before the filing of a petition for adoption of the child
17    shall automatically terminate by operation of law upon the
18    entry of an order terminating parental rights or granting
19    the adoption of the child, whichever is earlier. If the
20    person or persons who adopted the child are related to the
21    child, as defined by Section 1 of the Adoption Act, any
22    person who was related to the child as grandparent,
23    great-grandparent, or sibling prior to the adoption shall
24    have standing to bring an action under this Section
25    requesting visitation with the child.
26        (7) The court may order visitation rights for the



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1    grandparent, great-grandparent, sibling, or step-parent
2    that include reasonable access without requiring overnight
3    or possessory visitation.
4    (c) Visitation by grandparents, great-grandparents,
5step-parents, and siblings.
6        (1) Grandparents, great-grandparents, step-parents,
7    and siblings of a minor child who is one year old or older
8    may bring a petition for visitation and electronic
9    communication under this Section if there is an
10    unreasonable denial of visitation by a parent that causes
11    undue mental, physical, or emotional harm to the child and
12    if at least one of the following conditions exists:
13            (A) the child's other parent is deceased or has
14        been missing for at least 90 days. For the purposes of
15        this subsection a parent is considered to be missing if
16        the parent's location has not been determined and the
17        parent has been reported as missing to a law
18        enforcement agency; or
19            (B) a parent of the child is incompetent as a
20        matter of law; or
21            (C) a parent has been incarcerated in jail or
22        prison for a period in excess of 90 days immediately
23        prior to the filing of the petition; or
24            (D) the child's parents have been granted a
25        dissolution of marriage or have been legally separated
26        from each other or there is pending a dissolution



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1        proceeding involving a parent of the child or another
2        court proceeding involving parental responsibilities
3        or visitation of the child (other than an adoption
4        proceeding of an unrelated child, a proceeding under
5        Article II of the Juvenile Court Act of 1987, or an
6        action for an order of protection under the Illinois
7        Domestic Violence Act of 1986 or Article 112A of the
8        Code of Criminal Procedure of 1963) and at least one
9        parent does not object to the grandparent,
10        great-grandparent, step-parent, or sibling having
11        visitation with the child. The visitation of the
12        grandparent, great-grandparent, step-parent, or
13        sibling must not diminish the parenting time of the
14        parent who is not related to the grandparent,
15        great-grandparent, step-parent, or sibling seeking
16        visitation; or
17            (E) the child is born to parents who are not
18        married to each other, the parents are not living
19        together, and the petitioner is a grandparent,
20        great-grandparent, step-parent, or sibling of the
21        child, and parentage has been established by a court of
22        competent jurisdiction.
23        (2) In addition to the factors set forth in subdivision
24    (b)(5) of this Section, the court should consider:
25            (A) whether the child resided with the petitioner
26        for at least 6 consecutive months with or without a



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1        parent present;
2            (B) whether the child had frequent and regular
3        contact or visitation with the petitioner for at least
4        12 consecutive months; and
5            (C) whether the grandparent, great-grandparent,
6        sibling, or step-parent was a primary caretaker of the
7        child for a period of not less than 6 consecutive
8        months within the 24-month period immediately
9        preceding the commencement of the proceeding.
10        (3) An order granting visitation privileges under this
11    Section is subject to subsections (c) and (d) of Section
12    603.10.
13        (4) A petition for visitation privileges may not be
14    filed pursuant to this subsection (c) by the parents or
15    grandparents of a parent of the child if parentage between
16    the child and the related parent has not been legally
17    established.
18    (d) Modification of visitation orders.
19        (1) Unless by stipulation of the parties, no motion to
20    modify a grandparent, great-grandparent, sibling, or
21    step-parent visitation order may be made earlier than 2
22    years after the date the order was filed, unless the court
23    permits it to be made on the basis of affidavits that there
24    is reason to believe the child's present environment may
25    endanger seriously the child's mental, physical, or
26    emotional health.



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1        (2) The court shall not modify an order that grants
2    visitation to a grandparent, great-grandparent, sibling,
3    or step-parent unless it finds by clear and convincing
4    evidence, upon the basis of facts that have arisen since
5    the prior visitation order or that were unknown to the
6    court at the time of entry of the prior visitation order,
7    that a change has occurred in the circumstances of the
8    child or his or her parent, and that the modification is
9    necessary to protect the mental, physical, or emotional
10    health of the child. The court shall state in its decision
11    specific findings of fact in support of its modification or
12    termination of the grandparent, great-grandparent,
13    sibling, or step-parent visitation. A child's parent may
14    always petition to modify visitation upon changed
15    circumstances when necessary to promote the child's best
16    interests.
17        (3) Notice of a motion requesting modification of a
18    visitation order shall be provided as set forth in
19    subsection (c) of Section 601.2 of this Act.
20        (4) Attorney's fees and costs shall be assessed against
21    a party seeking modification of the visitation order if the
22    court finds that the modification action is vexatious and
23    constitutes harassment.
24    (e) No child's grandparent, great-grandparent, sibling, or
25step-parent, or any person to whom the court is considering
26granting visitation privileges pursuant to subsection (d) of



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1Section 602.7, who was convicted of any offense involving an
2illegal sex act perpetrated upon a victim less than 18 years of
3age including, but not limited to, offenses for violations of
4Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
5or Article 12 of the Criminal Code of 1961 or the Criminal Code
6of 2012, is entitled to visitation while incarcerated or while
7on parole, probation, conditional discharge, periodic
8imprisonment, or mandatory supervised release for that
9offense, and upon discharge from incarceration for a
10misdemeanor offense or upon discharge from parole, probation,
11conditional discharge, periodic imprisonment, or mandatory
12supervised release for a felony offense. Visitation shall be
13denied until the person successfully completes a treatment
14program approved by the court. Upon completion of treatment,
15the court may deny visitation based on the factors listed in
16subdivision (b)(5) of this Section 607 of this Act.
17    (f) No child's grandparent, great-grandparent, sibling, or
18step-parent, or any person to whom the court is considering
19granting visitation privileges pursuant to subsection (d) of
20Section 602.7, may be granted visitation if he or she has been
21convicted of first degree murder of a parent, grandparent,
22great-grandparent, or sibling of the child who is the subject
23of the visitation request. Pursuant to a motion to modify
24visitation, the court shall revoke visitation rights
25previously granted to any person who would otherwise be
26entitled to petition for visitation rights under this Section



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1or granted visitation under subsection (d) of Section 602.7, if
2the person has been convicted of first degree murder of a
3parent, grandparent, great-grandparent, or sibling of the
4child who is the subject of the visitation order. Until an
5order is entered pursuant to this subsection, no person may
6visit, with the child present, a person who has been convicted
7of first degree murder of the parent, grandparent,
8great-grandparent, or sibling of the child without the consent
9of the child's parent, other than a parent convicted of first
10degree murder as set forth herein, or legal guardian.
11(Source: P.A. 99-90, eff. 1-1-16.)
12    (750 ILCS 5/602.10)
13    Sec. 602.10. Parenting plan.
14    (a) Filing of parenting plan. All parents, within 120 days
15after service or filing of any petition for allocation of
16parental responsibilities, must file with the court, either
17jointly or separately, a proposed parenting plan. The time
18period for filing a parenting plan may be extended by the court
19for good cause shown. If no appearance has been filed by the
20respondent, no parenting plan is required unless ordered by the
22    (b) No parenting plan filed. In the absence of filing of
23one or more parenting plans, the court must conduct an
24evidentiary hearing to allocate parental responsibilities.
25    (c) Mediation. The court shall order mediation to assist



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1the parents in formulating or modifying a parenting plan or in
2implementing a parenting plan unless the court determines that
3impediments to mediation exist. Costs under this subsection
4shall be allocated between the parties pursuant to the
5applicable statute or Supreme Court Rule.
6    (d) Parents' agreement on parenting plan. The parenting
7plan must be in writing and signed by both parents. The parents
8must submit the parenting plan to the court for approval within
9120 days after service of a petition for allocation of parental
10responsibilities or the filing of an appearance, except for
11good cause shown. Notwithstanding the provisions above, the
12parents may agree upon and submit a parenting plan at any time
13after the commencement of a proceeding until prior to the entry
14of a judgment of dissolution of marriage. The agreement is
15binding upon the court unless it finds, after considering the
16circumstances of the parties and any other relevant evidence
17produced by the parties, that the agreement is not in the best
18interests of the child unconscionable. If the court does not
19approve the parenting plan, the court shall make express
20findings of the reason or reasons for its refusal to approve
21the plan. The court, on its own motion, may conduct an
22evidentiary hearing to determine whether the parenting plan is
23in the child's best interests.
24    (e) Parents cannot agree on parenting plan. When parents
25fail to submit an agreed parenting plan, each parent must file
26and submit a written, signed parenting plan to the court within



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1120 days after the filing of an appearance, except for good
2cause shown. The court's determination of parenting time should
3be based on the child's best interests. The filing of the plan
4may be excused by the court if:
5        (1) the parties have commenced mediation for the
6    purpose of formulating a parenting plan; or
7        (2) the parents have agreed in writing to extend the
8    time for filing a proposed plan and the court has approved
9    such an extension; or
10        (3) the court orders otherwise for good cause shown.
11    (f) Parenting plan contents. At a minimum, a parenting plan
12must set forth the following:
13        (1) an allocation of significant decision-making
14    responsibilities;
15        (2) provisions for the child's living arrangements and
16    for each parent's parenting time, including either:
17            (A) a schedule that designates in which parent's
18        home the minor child will reside on given days; or
19            (B) a formula or method for determining such a
20        schedule in sufficient detail to be enforced in a
21        subsequent proceeding;
22        (3) a mediation provision addressing any proposed
23    reallocation of parenting time or regarding the terms of
24    allocation of parental responsibilities, except that this
25    provision is not required if one parent is allocated all
26    significant decision-making responsibilities;



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1        (4) each parent's right of access to medical, dental,
2    and psychological records (subject to the Mental Health and
3    Developmental Disabilities Confidentiality Act), child
4    care records, and school and extracurricular records,
5    reports, and schedules, unless expressly denied by a court
6    order or denied under Section 602.11 subsection (g) of
7    Section 602.5;
8        (5) a designation of the parent who will be denominated
9    as the parent with the majority of parenting time for
10    purposes of Section 606.10;
11        (6) the child's residential address for school
12    enrollment purposes only;
13        (7) each parent's residence address and phone number,
14    and each parent's place of employment and employment
15    address and phone number;
16        (8) a requirement that a parent changing his or her
17    residence provide at least 60 days prior written notice of
18    the change to any other parent under the parenting plan or
19    allocation judgment, unless such notice is impracticable
20    or unless otherwise ordered by the court. If such notice is
21    impracticable, written notice shall be given at the
22    earliest date practicable. At a minimum, the notice shall
23    set forth the following:
24            (A) the intended date of the change of residence;
25        and
26            (B) the address of the new residence;



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1        (9) provisions requiring each parent to notify the
2    other of emergencies, health care, travel plans, or other
3    significant child-related issues;
4        (10) transportation arrangements between the parents;
5        (11) provisions for communications, including
6    electronic communications, with the child during the other
7    parent's parenting time;
8        (12) provisions for resolving issues arising from a
9    parent's future relocation, if applicable;
10        (13) provisions for future modifications of the
11    parenting plan, if specified events occur;
12        (14) provisions for the exercise of the right of first
13    refusal, if so desired, that are consistent with the best
14    interests of the minor child; provisions in the plan for
15    the exercise of the right of first refusal must include:
16            (i) the length and kind of child-care requirements
17        invoking the right of first refusal;
18            (ii) notification to the other parent and for his
19        or her response;
20            (iii) transportation requirements; and
21            (iv) any other provision related to the exercise of
22        the right of first refusal necessary to protect and
23        promote the best interests of the minor child; and
24        (15) any other provision that addresses the child's
25    best interests or that will otherwise facilitate
26    cooperation between the parents.



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1    The personal information under items (6), (7), and (8) of
2this subsection is not required if there is evidence of or the
3parenting plan states that there is a history of domestic
4violence or abuse, or it is shown that the release of the
5information is not in the child's or parent's best interests.
6    (g) The court shall conduct a trial or hearing to determine
7a plan which maximizes the child's relationship and access to
8both parents and shall ensure that the access and the overall
9plan are in the best interests of the child. The court shall
10take the parenting plans into consideration when determining
11parenting time and responsibilities at trial or hearing.
12    (h) The court may consider, consistent with the best
13interests of the child as defined in Section 602.7 of this Act,
14whether to award to one or both of the parties the right of
15first refusal in accordance with Section 602.3 of this Act.
16(Source: P.A. 99-90, eff. 1-1-16.)
17    (750 ILCS 5/602.11)
18    Sec. 602.11. Access to health care, child care, and school
19records by parents.
20    (a) Notwithstanding any other provision of law, access to
21records and information pertaining to a child including, but
22not limited to, medical, dental, child care, and school records
23shall not be denied to a parent for the reason that such parent
24has not been allocated parental responsibility; however, no
25parent shall have access to the school records of a child if



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1the parent is prohibited by an order of protection from
2inspecting or obtaining such records pursuant to the Domestic
3Violence Act of 1986 or the Code of Criminal Procedure of 1963.
4A parent who is not allocated parenting time (not denied
5parental responsibility) is not entitled to access to the
6child's school or health care records unless a court finds that
7it is in the child's best interests to provide those records to
8the parent.
9    (b) Health care professionals and health care providers
10shall grant access to health care records and information
11pertaining to a child to both parents, unless the health care
12professional or health care provider receives a court order or
13judgment that denies access to a specific individual. Except as
14may be provided by court order, no parent who is a named
15respondent in an order of protection issued pursuant to the
16Illinois Domestic Violence Act of 1986 or the Code of Criminal
17Procedure of 1963 shall have access to the health care records
18of a child who is a protected person under the order of
19protection provided the health care professional or health care
20provider has received a copy of the order of protection. Access
21to health care records is denied under this Section for as long
22as the order of protection remains in effect as specified in
23the order of protection or as otherwise determined by court
25(Source: P.A. 99-90, eff. 1-1-16.)



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1    (750 ILCS 5/604.10)
2    Sec. 604.10. Interviews; evaluations; investigation.
3    (a) Court's interview of child. The court may interview the
4child in chambers to ascertain the child's wishes as to the
5allocation of parental responsibilities. Counsel shall be
6present at the interview unless otherwise agreed upon by the
7parties. The entire interview shall be recorded by a court
8reporter. The transcript of the interview shall be filed under
9seal and released only upon order of the court. The cost of the
10court reporter and transcript shall be paid by the court.
11    (b) Court's professional. The court may seek the advice of
12any professional, whether or not regularly employed by the
13court, to assist the court in determining the child's best
14interests. The advice to the court shall be in writing and sent
15by the professional to counsel for the parties and to the court
16not later than 60 days before the date on which the trial court
17reasonably anticipates the hearing on the allocation of
18parental responsibilities will commence. The court may review
19the writing upon receipt , under seal. The writing may be
20admitted into evidence without testimony from its author,
21unless a party objects. A professional consulted by the court
22shall testify as the court's witness and be subject to
23cross-examination. The court shall order all costs and fees of
24the professional to be paid by one or more of the parties,
25subject to reallocation in accordance with subsection (a) of
26Section 508.



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1    The professional's report must, at a minimum, set forth the
3        (1) a description of the procedures employed during the
4    evaluation;
5        (2) a report of the data collected;
6        (3) all test results;
7        (4) any conclusions of the professional relating to the
8    allocation of parental responsibilities under Sections
9    602.5 and 602.7;
10        (5) any recommendations of the professional concerning
11    the allocation of parental responsibilities or the child's
12    relocation; and
13        (6) an explanation of any limitations in the evaluation
14    or any reservations of the professional regarding the
15    resulting recommendations.
16    The professional shall send his or her report to all
17attorneys of record, and to any party not represented, at least
1860 days before the hearing on the allocation of parental
19responsibilities. The court shall examine and consider the
20professional's report only after it has been admitted into
21evidence or after the parties have waived their right to
22cross-examine the professional.
23    (c) Evaluation by a party's retained professional. In a
24proceeding to allocate parental responsibilities or to
25relocate a child, upon notice and motion made by a parent or
26any party to the litigation within a reasonable time before



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1trial, the court shall order an evaluation to assist the court
2in determining the child's best interests unless the court
3finds that an evaluation under this Section is untimely or not
4in the best interests of the child. The evaluation may be in
5place of or in addition to any advice given to the court by a
6professional under subsection (b). A motion for an evaluation
7under this subsection must, at a minimum, identify the proposed
8evaluator and the evaluator's specialty or discipline. An order
9for an evaluation under this subsection must set forth the
10evaluator's name, address, and telephone number and the time,
11place, conditions, and scope of the evaluation. No person shall
12be required to travel an unreasonable distance for the
13evaluation. The party requesting the evaluation shall pay the
14evaluator's fees and costs unless otherwise ordered by the
16    The evaluator's report must, at a minimum, set forth the
18        (1) a description of the procedures employed during the
19    evaluation;
20        (2) a report of the data collected;
21        (3) all test results;
22        (4) any conclusions of the evaluator relating to the
23    allocation of parental responsibilities under Sections
24    602.5 and 602.7;
25        (5) any recommendations of the evaluator concerning
26    the allocation of parental responsibilities or the child's



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1    relocation; and
2        (6) an explanation of any limitations in the evaluation
3    or any reservations of the evaluator regarding the
4    resulting recommendations.
5    A party who retains a professional to conduct an evaluation
6under this subsection shall cause the evaluator's written
7report to be sent to the attorneys of record no less than 60
8days before the hearing on the allocation of parental
9responsibilities, unless otherwise ordered by the court; if a
10party fails to comply with this provision, the court may not
11admit the evaluator's report into evidence and may not allow
12the evaluator to testify.
13    The party calling an evaluator to testify at trial shall
14disclose the evaluator as a controlled expert witness in
15accordance with the Supreme Court Rules.
16    Any party to the litigation may call the evaluator as a
17witness. That party shall pay the evaluator's fees and costs
18for testifying, unless otherwise ordered by the court.
19    (d) Investigation. Upon notice and a motion by a parent or
20any party to the litigation, or upon the court's own motion,
21the court may order an investigation and report to assist the
22court in allocating parental responsibilities. The
23investigation may be made by any agency, private entity, or
24individual deemed appropriate by the court. The agency, private
25entity, or individual appointed by the court must have
26expertise in the area of allocation of parental



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1responsibilities. The court shall specify the purpose and scope
2of the investigation.
3    The investigator's report must, at a minimum, set forth the
5        (1) a description of the procedures employed during the
6    investigation;
7        (2) a report of the data collected;
8        (3) all test results;
9        (4) any conclusions of the investigator relating to the
10    allocation of parental responsibilities under Sections
11    602.5 and 602.7;
12        (5) any recommendations of the investigator concerning
13    the allocation of parental responsibilities or the child's
14    relocation; and
15        (6) an explanation of any limitations in the
16    investigation or any reservations of the investigator
17    regarding the resulting recommendations.
18    The investigator shall send his or her report to all
19attorneys of record, and to any party not represented, at least
2060 days before the hearing on the allocation of parental
21responsibilities. The court shall examine and consider the
22investigator's report only after it has been admitted into
23evidence or after the parties have waived their right to
24cross-examine the investigator.
25    The investigator shall make available to all attorneys of
26record, and to any party not represented, the investigator's



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1file, and the names and addresses of all persons whom the
2investigator has consulted, except that if such disclosure
3would risk abuse to the party or any member of the party's
4immediate family or household or reveal the confidential
5address of a shelter for domestic violence victims, that
6address may be omitted from the report. Any party to the
7proceeding may call the investigator, or any person consulted
8by the investigator as a court's witness, for
9cross-examination. No fees shall be paid for any investigation
10by a governmental agency. The fees incurred by any other
11investigator shall be allocated in accordance with Section 508.
12(Source: P.A. 99-90, eff. 1-1-16.)
13    (750 ILCS 5/606.5)
14    Sec. 606.5. Hearings.
15    (a) Proceedings to allocate parental responsibilities
16shall receive priority in being set for hearing.
17    (a-5) The court may tax as costs the payment of necessary
18travel and other expenses incurred by any person whose presence
19at the hearing the court deems necessary to determine the best
20interest of the child.
21    (b) The court, without a jury, shall determine questions of
22law and fact.
23    (c) Previous statements made by the child relating to any
24allegations that the child is an abused or neglected child
25within the meaning of the Abused and Neglected Child Reporting



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1Act, or an abused or neglected minor within the meaning of the
2Juvenile Court Act of 1987, shall be admissible in evidence in
3a hearing concerning allocation of parental responsibilities
4in accordance with Section 11.1 of the Abused and Neglected
5Child Reporting Act. No such statement, however, if
6uncorroborated and not subject to cross-examination, shall be
7sufficient in itself to support a finding of abuse or neglect.
8    (d) If the court finds that a public hearing may be
9detrimental to the child's best interests, the court shall
10exclude the public from the hearing, but the court may admit
11any person having:
12        (1) a direct and legitimate interest in the case; or
13        (2) a legitimate educational or research interest in
14    the work of the court, but only with the permission of both
15    parties and subject to court approval.
16    (e) The court may make an appropriate order sealing the
17records of any interview, report, investigation, or testimony.
18(Source: P.A. 99-90, eff. 1-1-16.)
19    (750 ILCS 5/607.5)
20    Sec. 607.5. Abuse of allocated parenting time.
21    (a) The court shall provide an expedited procedure for the
22enforcement of allocated parenting time.
23    (b) An action for the enforcement of allocated parenting
24time may be commenced by a parent or a person appointed under
25Section 506 by filing a petition setting forth: (i) the



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1petitioner's name and residence address or mailing address,
2except that if the petition states that disclosure of
3petitioner's address would risk abuse of petitioner or any
4member of petitioner's family or household or reveal the
5confidential address of a shelter for domestic violence
6victims, that address may be omitted from the petition; (ii)
7the respondent's name and place of residence, place of
8employment, or mailing address; (iii) the terms of the
9parenting plan or allocation judgment then in effect; (iv) the
10nature of the violation of the allocation of parenting time,
11giving dates and other relevant information; and (v) that a
12reasonable attempt was made to resolve the dispute.
13    (c) If the court finds by a preponderance of the evidence
14that a parent has not complied with allocated parenting time
15according to an approved parenting plan or a court order, the
16court, in the child's best interests, shall issue an order that
17may include one or more of the following:
18        (1) an imposition of additional terms and conditions
19    consistent with the court's previous allocation of
20    parenting time or other order;
21        (2) a requirement that either or both of the parties
22    attend a parental education program at the expense of the
23    non-complying parent;
24        (3) upon consideration of all relevant factors,
25    particularly a history or possibility of domestic
26    violence, a requirement that the parties participate in



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1    family or individual counseling, the expense of which shall
2    be allocated by the court; if counseling is ordered, all
3    counseling sessions shall be confidential, and the
4    communications in counseling shall not be used in any
5    manner in litigation nor relied upon by an expert appointed
6    by the court or retained by any party;
7        (4) a requirement that the non-complying parent post a
8    cash bond or other security to ensure future compliance,
9    including a provision that the bond or other security may
10    be forfeited to the other parent for payment of expenses on
11    behalf of the child as the court shall direct;
12        (5) a requirement that makeup parenting time be
13    provided for the aggrieved parent or child under the
14    following conditions:
15            (A) that the parenting time is of the same type and
16        duration as the parenting time that was denied,
17        including but not limited to parenting time during
18        weekends, on holidays, and on weekdays and during times
19        when the child is not in school;
20            (B) that the parenting time is made up within 6
21        months after the noncompliance occurs, unless the
22        period of time or holiday cannot be made up within 6
23        months, in which case the parenting time shall be made
24        up within one year after the noncompliance occurs;
25        (6) a finding that the non-complying parent is in
26    contempt of court;



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1        (7) an imposition on the non-complying parent of an
2    appropriate civil fine per incident of denied parenting
3    time;
4        (8) a requirement that the non-complying parent
5    reimburse the other parent for all reasonable expenses
6    incurred as a result of the violation of the parenting plan
7    or court order; and
8        (9) any other provision that may promote the child's
9    best interests.
10    (d) In addition to any other order entered under subsection
11(c), except for good cause shown, the court shall order a
12parent who has failed to provide allocated parenting time or to
13exercise allocated parenting time to pay the aggrieved party
14his or her reasonable attorney's fees, court costs, and
15expenses associated with an action brought under this Section.
16If the court finds that the respondent in an action brought
17under this Section has not violated the allocated parenting
18time, the court may order the petitioner to pay the
19respondent's reasonable attorney's fees, court costs, and
20expenses incurred in the action.
21    (e) Nothing in this Section precludes a party from
22maintaining any other action as provided by law.
23    (f) When the court issues an order holding a party in
24contempt for violation of a parenting time order and finds that
25the party engaged in parenting time abuse, the court may order
26one or more of the following:



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1        (1) Suspension of a party's Illinois driving
2    privileges pursuant to Section 7-703 of the Illinois
3    Vehicle Code until the court determines that the party is
4    in compliance with the parenting time order. The court may
5    also order that a party be issued a family financial
6    responsibility driving permit that would allow limited
7    driving privileges for employment, for medical purposes,
8    and to transport a child to or from scheduled parenting
9    time in order to comply with a parenting time order in
10    accordance with subsection (a-1) of Section 7-702.1 of the
11    Illinois Vehicle Code.
12        (2) Placement of a party on probation with such
13    conditions of probation as the court deems advisable.
14        (3) Sentencing of a party to periodic imprisonment for
15    a period not to exceed 6 months; provided, that the court
16    may permit the party to be released for periods of time
17    during the day or night to:
18            (A) work; or
19            (B) conduct a business or other self-employed
20        occupation.
21        (4) Find that a party in engaging in parenting time
22    abuse is guilty of a petty offense and should be fined an
23    amount of no more than $500 for each finding of parenting
24    time abuse.
25    (g) When the court issues an order holding a party in
26contempt of court for violation of a parenting order, the clerk



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1shall transmit a copy of the contempt order to the sheriff of
2the county. The sheriff shall furnish a copy of each contempt
3order to the Department of State Police on a daily basis in the
4form and manner required by the Department. The Department
5shall maintain a complete record and index of the contempt
6orders and make this data available to all local law
7enforcement agencies.
8    (h) Nothing contained in this Section shall be construed to
9limit the court's contempt power.
10(Source: P.A. 99-90, eff. 1-1-16.)
11    (750 ILCS 5/607.6 new)
12    Sec. 607.6. Counseling.
13    (a) The court may order individual counseling for the
14child, family counseling for one or more of the parties and the
15child, or parental education for one or more of the parties, if
16it finds one or more of the following:
17        (1) both parents or all parties agree to the order;
18        (2) the child's physical health is endangered or that
19    the child's emotional development is impaired;
20        (3) abuse of allocated parenting time under Section
21    607.5 has occurred; or
22        (4) one or both of the parties have violated the
23    allocation judgment with regard to conduct affecting or in
24    the presence of the child.
25    (b) The court may apportion the costs of counseling between



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1the parties as appropriate.
2    (c) The remedies provided in this Section are in addition
3to, and do not diminish or abridge in any way, the court's
4power to exercise its authority through contempt or other
6    (d) All counseling sessions shall be confidential. The
7communications in counseling shall not be used in any manner in
8litigation nor relied upon by any expert appointed by the court
9or retained by any party.
10    (750 ILCS 5/610.5)
11    Sec. 610.5. Modification.
12    (a) Unless by stipulation of the parties or except as
13provided in subsection (b) of this Section or Section 603.10 of
14this Act, no motion to modify an order allocating parental
15decision-making responsibilities, not including parenting
16time, may be made earlier than 2 years after its date, unless
17the court permits it to be made on the basis of affidavits that
18there is reason to believe the child's present environment may
19endanger seriously his or her mental, moral, or physical health
20or significantly impair the child's emotional development.
21Parenting time may be modified at any time, without a showing
22of serious endangerment, upon a showing of changed
23circumstances that necessitates modification to serve the best
24interests of the child.
25    (b) (Blank). A motion to modify an order allocating



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1parental responsibilities may be made at any time by a party
2who has been informed of the existence of facts requiring
3notice to be given under Section 609.5 of this Act.
4    (c) Except in a case concerning the modification of any
5restriction of parental responsibilities under Section 603.10,
6the court shall modify a parenting plan or allocation judgment
7when necessary to serve the child's best interests if the court
8finds, by a preponderance of the evidence, that on the basis of
9facts that have arisen since the entry of the existing
10parenting plan or allocation judgment or were not anticipated
11therein, a substantial change has occurred in the circumstances
12of the child or of either parent and that a modification is
13necessary to serve the child's best interests.
14    (d) The court shall modify a parenting plan or allocation
15judgment in accordance with a parental agreement, unless it
16finds that the modification is not in the child's best
18    (e) The court may modify a parenting plan or allocation
19judgment without a showing of changed circumstances if (i) the
20modification is in the child's best interests; and (ii) any of
21the following are proven as to the modification:
22        (1) the modification reflects the actual arrangement
23    under which the child has been receiving care, without
24    parental objection, for the 6 months preceding the filing
25    of the petition for modification, provided that the
26    arrangement is not the result of a parent's acquiescence



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1    resulting from circumstances that negated the parent's
2    ability to give meaningful consent;
3        (2) the modification constitutes a minor modification
4    in the parenting plan or allocation judgment;
5        (3) the modification is necessary to modify an agreed
6    parenting plan or allocation judgment that the court would
7    not have ordered or approved under Section 602.5 or 602.7
8    had the court been aware of the circumstances at the time
9    of the order or approval; or
10        (4) the parties agree to the modification.
11    (f) Attorney's fees and costs shall be assessed against a
12party seeking modification if the court finds that the
13modification action is vexatious or constitutes harassment. If
14the court finds that a parent has repeatedly filed frivolous
15motions for modification, the court may bar the parent from
16filing a motion for modification for a period of time.
17(Source: P.A. 99-90, eff. 1-1-16.)
18    Section 10. The Illinois Parentage Act of 2015 is amended
19by changing Section 103 and the heading of Article 7 and by
20adding Sections 701, 702, 703, 704, 705, 706, 707, 708, 709,
21and 710 as follows:
22    (750 ILCS 46/103)
23    Sec. 103. Definitions. In this Act:
24    (a) "Acknowledged father" means a man who has established a



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1father-child relationship under Article 3.
2    (b) "Adjudicated father" means a man who has been
3adjudicated by a court of competent jurisdiction, or as
4authorized under Article X of the Illinois Public Aid Code, to
5be the father of a child.
6    (c) "Alleged father" means a man who alleges himself to be,
7or is alleged to be, the biological father or a possible
8biological father of a child, but whose paternity has not been
9established. The term does not include:
10        (1) a presumed parent or acknowledged father; or
11        (2) a man whose parental rights have been terminated or
12    declared not to exist.
13    (d) "Assisted reproduction" means a method of achieving a
14pregnancy though an artificial insemination or an embryo
15transfer and includes gamete and embryo donation. "Assisted
16reproduction" does not include any pregnancy achieved through
17sexual intercourse (Reserved).
18    (e) "Child" means an individual of any age whose parentage
19may be established under this Act.
20    (f) "Combined paternity index" means the likelihood of
21paternity calculated by computing the ratio between:
22        (1) the likelihood that the tested man is the father,
23    based on the genetic markers of the tested man, mother, and
24    child, conditioned on the hypothesis that the tested man is
25    the father of the child; and
26        (2) the likelihood that the tested man is not the



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1    father, based on the genetic markers of the tested man,
2    mother, and child, conditioned on the hypothesis that the
3    tested man is not the father of the child and that the
4    father is of the same ethnic or racial group as the tested
5    man.
6    (g) "Commence" means to file the initial pleading seeking
7an adjudication of parentage in the circuit court of this
9    (h) "Determination of parentage" means the establishment
10of the parent-child relationship by the signing of a voluntary
11acknowledgment under Article 3 of this Act or adjudication by
12the court or as authorized under Article X of the Illinois
13Public Aid Code.
14    (i) "Donor" means an individual who participates in an
15assisted reproductive technology arrangement by providing
16gametes and relinquishes all rights and responsibilities to the
17gametes so that another individual or individuals may become
18the legal parent or parents of any resulting child. "Donor"
19does not include a spouse in any assisted reproductive
20technology arrangement in which his or her spouse will parent
21any resulting child (Reserved).
22    (j) "Ethnic or racial group" means, for purposes of genetic
23testing, a recognized group that an individual identifies as
24all or part of the individual's ancestry or that is so
25identified by other information.
26    (k) "Gamete" means either a sperm or an egg.



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1    (l) "Genetic testing" means an analysis of genetic markers
2to exclude or identify a man as the father or a woman as the
3mother of a child as provided in Article 4 of this Act.
4    (m) "Gestational mother" means an adult woman who gives
5birth to a child pursuant to the terms of a valid gestational
6surrogacy contract.
7    (n) "Parent" means an individual who has established a
8parent-child relationship under Section 201 of this Act.
9    (o) "Parent-child relationship" means the legal
10relationship between a child and a parent of the child.
11    (p) "Presumed parent" means an individual who, by operation
12of law under Section 204 of this Act, is recognized as the
13parent of a child until that status is rebutted or confirmed in
14a judicial or administrative proceeding.
15    (q) "Probability of paternity" means the measure, for the
16ethnic or racial group to which the alleged father belongs, of
17the probability that the man in question is the father of the
18child, compared with a random, unrelated man of the same ethnic
19or racial group, expressed as a percentage incorporating the
20combined paternity index and a prior probability.
21    (r) "Record" means information that is inscribed on a
22tangible medium or that is stored in an electronic or other
23medium and is retrievable in perceivable form.
24    (s) "Signatory" means an individual who authenticates a
25record and is bound by its terms.
26    (t) "State" means a state of the United States, the



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1District of Columbia, Puerto Rico, the United States Virgin
2Islands, or any territory or insular possession subject to the
3jurisdiction of the United States.
4    (u) "Substantially similar legal relationship" means a
5relationship recognized in this State under Section 60 of the
6Illinois Religious Freedom Protection and Civil Union Act.
7    (v) "Support-enforcement agency" means a public official
8or agency authorized to seek:
9        (1) enforcement of support orders or laws relating to
10    the duty of support;
11        (2) establishment or modification of child support;
12        (3) determination of parentage; or
13        (4) location of child-support obligors and their
14    income and assets.
15(Source: P.A. 99-85, eff. 1-1-16.)
16    (750 ILCS 46/Art. 7 heading)
18(Source: P.A. 99-85, eff. 1-1-16.)
19    (750 ILCS 46/701 new)
20    Sec. 701. Scope of Article. Except as described in this
21Article, this Article does not apply to the birth of a child
22conceived by means of sexual intercourse or a child born as a
23result of a valid gestational surrogacy arrangement meeting the
24requirements of the Gestational Surrogacy Act.



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1    (750 ILCS 46/702 new)
2    Sec. 702. Parental status of donor. Except as provided in
3this Act, a donor is not a parent of a child conceived by means
4of assisted reproduction.
5    (750 ILCS 46/703 new)
6    Sec. 703. Parentage of child of assisted reproduction.
7    (a) Any individual who is an intended parent as defined by
8this Act is the legal parent of any resulting child. If the
9donor and the intended parent have been represented by
10independent counsel and entered into a written legal agreement
11in which the donor relinquishes all rights and responsibilities
12to any resulting child, the intended parent is the parent of
13the child. An agreement under this subsection shall be entered
14into prior to any insemination or embryo transfer.
15    (b) If a person makes an anonymous gamete donation without
16a designated intended parent at the time of the gamete
17donation, the intended parent is the parent of any resulting
18child if the anonymous donor relinquished his or her parental
19rights in writing at the time of donation. The written
20relinquishment shall be directed to the entity to which the
21donor donated his or her gametes.
22    (c) An intended parent may seek a court order confirming
23the existence of a parent-child relationship prior to or after
24the birth of a child based on compliance with subsection (a) or



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1(b) of this Section.
2    (d) If the requirements of subsection (a) of this Section
3are not met, or subsection (b) of this Section is found by a
4court to be inapplicable, a court of competent jurisdiction
5shall determine parentage based on evidence of the parties'
6intent at the time of donation.
7    (750 ILCS 46/704 new)
8    Sec. 704. Withdrawal of consent of intended parent or
9donor. An intended parent or donor may withdraw consent to use
10his or her gametes in a writing or legal pleading with notice
11to the other participants. An intended parent who withdraws
12consent under this Section prior to the insemination or embryo
13transfer is not a parent of any resulting child. If a donor
14withdraws consent to his or her donation prior to the
15insemination or the combination of gametes, the intended parent
16is not the parent of any resulting child.
17    (750 ILCS 46/705 new)
18    Sec. 705. Parental status of deceased individual. If an
19individual consents in a writing to be a parent of any child
20born of his or her gametes posthumously, and dies before the
21insemination of the individual's gametes or embryo transfer,
22the deceased individual is a parent of any resulting child born
23within 36 months of the death of the deceased individual.



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1    (750 ILCS 46/706 new)
2    Sec. 706. Inheritance rights of posthumous child.
3Notwithstanding Section 705, the rights of a posthumous child
4to an inheritance or to property under an instrument shall be
5governed by the provisions of the Probate Act of 1975.
6    (750 ILCS 46/707 new)
7    Sec. 707. Burden of proof. Parentage established under
8Section 703, a withdrawal of consent under Section 704, or a
9proceeding to declare the non-existence of the parent-child
10relationship under Section 708 of this Act must be proven by
11clear and convincing evidence.
12    (750 ILCS 46/708 new)
13    Sec. 708. Limitation on proceedings to declare the
14non-existence of the parent-child relationship. An action to
15declare the non-existence of the parent-child relationship
16under this Article shall be barred if brought more than 2 years
17following the birth of the child.
18    (750 ILCS 46/709 new)
19    Sec. 709. Establishment of parentage; requirements of
20Gestational Surrogacy Act.
21    (a) In the event of gestational surrogacy, in addition to
22the requirements of the Gestational Surrogacy Act, a
23parent-child relationship is established between a person and a



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1child if all of the following conditions are met prior to the
2birth of the child:
3        (1) The gestational surrogate certifies that she did
4    not provide a gamete for the child, and that she is
5    carrying the child for the intended parents.
6        (2) The spouse, if any, of the gestational surrogate
7    certifies that he or she did not provide a gamete for the
8    child.
9        (3) Each intended parent certifies that the child being
10    carried by the gestational surrogate was conceived using at
11    least one of the intended parents' gametes.
12        (4) A physician certifies that the child being carried
13    by the gestational surrogate was conceived using the gamete
14    or gametes of at least one of the intended parents, and
15    that neither the gestational surrogate nor the gestational
16    surrogate's spouse, if any, provided gametes for the child
17    being carried by the gestational surrogate.
18        (5) The attorneys for the intended parents and the
19    gestational surrogate each certify that the parties
20    entered into a gestational surrogacy agreement intended to
21    satisfy the requirements of the Gestational Surrogacy Act.
22    (b) All certifications under this Section shall be in
23writing and witnessed by 2 competent adults who are not the
24gestational surrogate, gestational surrogate's spouse, if any,
25or an intended parent. Certifications shall be on forms
26prescribed by the Illinois Department of Public Health and



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1shall be executed prior to the birth of the child. All
2certifications shall be provided, prior to the birth of the
3child, to both the hospital where the gestational surrogate
4anticipates the delivery will occur and to the Illinois
5Department of Public Health.
6    (c) Parentage established in accordance with this Section
7has the full force and effect of a judgment entered under this
9    (d) The Illinois Department of Public Health shall adopt
10rules to implement this Section.
11    (750 ILCS 46/710 new)
12    Sec. 710. Applicability. This Article applies only to
13assisted reproductive arrangements or gestational surrogacy
14contracts entered into after the effective date of this
15amendatory Act of the 99th General Assembly.
16    Section 12. The Gestational Surrogacy Act is amended by
17changing Sections 20 and 70 as follows:
18    (750 ILCS 47/20)
19    Sec. 20. Eligibility.
20    (a) A gestational surrogate shall be deemed to have
21satisfied the requirements of this Act if she has met the
22following requirements at the time the gestational surrogacy
23contract is executed:



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1        (1) she is at least 21 years of age;
2        (2) she has given birth to at least one child;
3        (3) she has completed a medical evaluation;
4        (4) she has completed a mental health evaluation;
5        (5) she has undergone legal consultation with
6    independent legal counsel regarding the terms of the
7    gestational surrogacy contract and the potential legal
8    consequences of the gestational surrogacy; and
9        (6) she has obtained a health insurance policy that
10    covers major medical treatments and hospitalization and
11    the health insurance policy has a term that extends
12    throughout the duration of the expected pregnancy and for 8
13    weeks after the birth of the child; provided, however, that
14    the policy may be procured by the intended parents on
15    behalf of the gestational surrogate pursuant to the
16    gestational surrogacy contract.
17    (b) The intended parent or parents shall be deemed to have
18satisfied the requirements of this Act if he, she, or they have
19met the following requirements at the time the gestational
20surrogacy contract is executed:
21        (1) he, she, or they contribute at least one of the
22    gametes resulting in a pre-embryo that the gestational
23    surrogate will attempt to carry to term;
24        (2) he, she, or they have a medical need for the
25    gestational surrogacy as evidenced by a qualified
26    physician's affidavit attached to the gestational



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1    surrogacy contract and as required by the Illinois
2    Parentage Act of 2015 1984;
3        (3) he, she, or they have completed a mental health
4    evaluation; and
5        (4) he, she, or they have undergone legal consultation
6    with independent legal counsel regarding the terms of the
7    gestational surrogacy contract and the potential legal
8    consequences of the gestational surrogacy.
9(Source: P.A. 93-921, eff. 1-1-05.)
10    (750 ILCS 47/70)
11    Sec. 70. Irrevocability. No action to invalidate a
12gestational surrogacy meeting the requirements of subsection
13(d) of Section 15 of this Act or to challenge the rights of
14parentage established pursuant to Section 15 of this Act and
15the Illinois Parentage Act of 2015 1984 shall be commenced
16after 12 months from the date of birth of the child.
17(Source: P.A. 93-921, eff. 1-1-05.)
18    (750 ILCS 40/Act rep.)
19    Section 15. The Illinois Parentage Act is repealed.