Sen. John G. Mulroe

Filed: 5/4/2016





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2    AMENDMENT NO. ______. Amend House Bill 3898 by replacing
3everything after the enacting clause with the following:
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



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1    attorneys may help them determine eligibility for spousal
2    support.
3        (b) Either party has met the residency or military
4    presence requirement of Section 401 of this Act.
5        (c) The requirements of Section 401 regarding
6    residence or military presence and proof of irreconcilable
7    differences have been met.
8        (d) No children were born of the relationship of the
9    parties or adopted by the parties during the marriage, and
10    the wife, to her knowledge, is not pregnant by the husband.
11        (e) The duration of the marriage does not exceed 8
12    years.
13        (f) Neither party has any interest in real property or
14    retirement benefits unless the retirement benefits are
15    exclusively held in individual retirement accounts and the
16    combined value of the accounts is less than $10,000.
17        (g) The parties waive any rights to maintenance.
18        (h) The total fair market value of all marital
19    property, after deducting all encumbrances, is less than
20    $50,000, the combined gross annualized income from all
21    sources is less than $60,000, and neither party has a gross
22    annualized income from all sources in excess of $30,000.
23        (i) The parties have disclosed to each other all assets
24    and liabilities and their tax returns for all years of the
25    marriage.
26        (j) The parties have executed a written agreement



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1    dividing all assets in excess of $100 in value and
2    allocating responsibility for debts and liabilities
3    between the parties.
4(Source: P.A. 99-90, eff. 1-1-16.)
5    (750 ILCS 5/501)  (from Ch. 40, par. 501)
6    Sec. 501. Temporary Relief. In all proceedings under this
7Act, temporary relief shall be as follows:
8    (a) Either party may petition or move for:
9        (1) temporary maintenance or temporary support of a
10    child of the marriage entitled to support, accompanied by
11    an affidavit as to the factual basis for the relief
12    requested. One form of financial affidavit, as determined
13    by the Supreme Court, shall be used statewide. The
14    financial affidavit shall be supported by documentary
15    evidence including, but not limited to, income tax returns,
16    pay stubs, and banking statements. Unless the court
17    otherwise directs, any affidavit or supporting documentary
18    evidence submitted pursuant to this paragraph shall not be
19    made part of the public record of the proceedings but shall
20    be available to the court or an appellate court in which
21    the proceedings are subject to review, to the parties,
22    their attorneys, and such other persons as the court may
23    direct. Upon motion of a party, a court may hold a hearing
24    to determine whether and why there is a disparity between a
25    party's sworn affidavit and the supporting documentation.



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1    If a party intentionally or recklessly files an inaccurate
2    or misleading financial affidavit, the court shall impose
3    significant penalties and sanctions including, but not
4    limited to, costs and attorney's fees;
5        (2) a temporary restraining order or preliminary
6    injunction, accompanied by affidavit showing a factual
7    basis for any of the following relief:
8            (i) restraining any person from transferring,
9        encumbering, concealing or otherwise disposing of any
10        property except in the usual course of business or for
11        the necessities of life, and, if so restrained,
12        requiring him to notify the moving party and his
13        attorney of any proposed extraordinary expenditures
14        made after the order is issued; however, an order need
15        not include an exception for transferring,
16        encumbering, or otherwise disposing of property in the
17        usual course of business or for the necessities of life
18        if the court enters appropriate orders that enable the
19        parties to pay their necessary personal and business
20        expenses including, but not limited to, appropriate
21        professionals to assist the court pursuant to
22        subsection (l) of Section 503 to administer the payment
23        and accounting of such living and business expenses;
24            (ii) enjoining a party from removing a child from
25        the jurisdiction of the court for more than 14 days;
26            (iii) enjoining a party from striking or



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1        interfering with the personal liberty of the other
2        party or of any child; or
3            (iv) providing other injunctive relief proper in
4        the circumstances; or
5        (3) other appropriate temporary relief including, in
6    the discretion of the court, ordering the purchase or sale
7    of assets and requiring that a party or parties borrow
8    funds in the appropriate circumstances.
9    Issues concerning temporary maintenance or temporary
10support of a child entitled to support shall be dealt with on a
11summary basis based on allocated parenting time, financial
12affidavits, tax returns, pay stubs, banking statements, and
13other relevant documentation, except an evidentiary hearing
14may be held upon a showing of good cause. If a party
15intentionally or recklessly files an inaccurate or misleading
16financial affidavit, the court shall impose significant
17penalties and sanctions including, but not limited to, costs
18and attorney's fees resulting from the improper
20    (b) The court may issue a temporary restraining order
21without requiring notice to the other party only if it finds,
22on the basis of the moving affidavit or other evidence, that
23irreparable injury will result to the moving party if no order
24is issued until the time for responding has elapsed.
25    (c) A response hereunder may be filed within 21 days after
26service of notice of motion or at the time specified in the



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1temporary restraining order.
2    (c-1) As used in this subsection (c-1), "interim attorney's
3fees and costs" means attorney's fees and costs assessed from
4time to time while a case is pending, in favor of the
5petitioning party's current counsel, for reasonable fees and
6costs either already incurred or to be incurred, and "interim
7award" means an award of interim attorney's fees and costs.
8Interim awards shall be governed by the following:
9        (1) Except for good cause shown, a proceeding for (or
10    relating to) interim attorney's fees and costs in a
11    pre-judgment dissolution proceeding shall be
12    nonevidentiary and summary in nature. All hearings for or
13    relating to interim attorney's fees and costs under this
14    subsection shall be scheduled expeditiously by the court.
15    When a party files a petition for interim attorney's fees
16    and costs supported by one or more affidavits that
17    delineate relevant factors, the court (or a hearing
18    officer) shall assess an interim award after affording the
19    opposing party a reasonable opportunity to file a
20    responsive pleading. A responsive pleading shall set out
21    the amount of each retainer or other payment or payments,
22    or both, previously paid to the responding party's counsel
23    by or on behalf of the responding party. A responsive
24    pleading shall include costs incurred, and shall indicate
25    whether the costs are paid or unpaid. In assessing an
26    interim award, the court shall consider all relevant



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1    factors, as presented, that appear reasonable and
2    necessary, including to the extent applicable:
3            (A) the income and property of each party,
4        including alleged marital property within the sole
5        control of one party and alleged non-marital property
6        within access to a party;
7            (B) the needs of each party;
8            (C) the realistic earning capacity of each party;
9            (D) any impairment to present earning capacity of
10        either party, including age and physical and emotional
11        health;
12            (E) the standard of living established during the
13        marriage;
14            (F) the degree of complexity of the issues,
15        including allocation of parental responsibility,
16        valuation or division (or both) of closely held
17        businesses, and tax planning, as well as reasonable
18        needs for expert investigations or expert witnesses,
19        or both;
20            (G) each party's access to relevant information;
21            (H) the amount of the payment or payments made or
22        reasonably expected to be made to the attorney for the
23        other party; and
24            (I) any other factor that the court expressly finds
25        to be just and equitable.
26        (2) Any assessment of an interim award (including one



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1    pursuant to an agreed order) shall be without prejudice to
2    any final allocation and without prejudice as to any claim
3    or right of either party or any counsel of record at the
4    time of the award. Any such claim or right may be presented
5    by the appropriate party or counsel at a hearing on
6    contribution under subsection (j) of Section 503 or a
7    hearing on counsel's fees under subsection (c) of Section
8    508. Unless otherwise ordered by the court at the final
9    hearing between the parties or in a hearing under
10    subsection (j) of Section 503 or subsection (c) of Section
11    508, interim awards, as well as the aggregate of all other
12    payments by each party to counsel and related payments to
13    third parties, shall be deemed to have been advances from
14    the parties' marital estate. Any portion of any interim
15    award constituting an overpayment shall be remitted back to
16    the appropriate party or parties, or, alternatively, to
17    successor counsel, as the court determines and directs,
18    after notice in a form designated by the Supreme Court. An
19    order for the award of interim attorney's fees shall be a
20    standardized form order and labeled "Interim Fee Award
21    Order".
22        (3) In any proceeding under this subsection (c-1), the
23    court (or hearing officer) shall assess an interim award
24    against an opposing party in an amount necessary to enable
25    the petitioning party to participate adequately in the
26    litigation, upon findings that the party from whom



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1    attorney's fees and costs are sought has the financial
2    ability to pay reasonable amounts and that the party
3    seeking attorney's fees and costs lacks sufficient access
4    to assets or income to pay reasonable amounts. In
5    determining an award, the court shall consider whether
6    adequate participation in the litigation requires
7    expenditure of more fees and costs for a party that is not
8    in control of assets or relevant information. Except for
9    good cause shown, an interim award shall not be less than
10    payments made or reasonably expected to be made to the
11    counsel for the other party. If the court finds that both
12    parties lack financial ability or access to assets or
13    income for reasonable attorney's fees and costs, the court
14    (or hearing officer) shall enter an order that allocates
15    available funds for each party's counsel, including
16    retainers or interim payments, or both, previously paid, in
17    a manner that achieves substantial parity between the
18    parties.
19        (4) The changes to this Section 501 made by this
20    amendatory Act of 1996 apply to cases pending on or after
21    June 1, 1997, except as otherwise provided in Section 508.
22    (c-2) Allocation of use of marital residence. Where there
23is on file a verified complaint or verified petition seeking
24temporary eviction from the marital residence, the court may,
25during the pendency of the proceeding, only in cases where the
26physical or mental well-being of either spouse or his or her



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1children is jeopardized by occupancy of the marital residence
2by both spouses, and only upon due notice and full hearing,
3unless waived by the court on good cause shown, enter orders
4granting the exclusive possession of the marital residence to
5either spouse, by eviction from, or restoration of, the marital
6residence, until the final determination of the cause pursuant
7to the factors listed in Section 602.7 of this Act. No such
8order shall in any manner affect any estate in homestead
9property of either party. In entering orders under this
10subsection (c-2), the court shall balance hardships to the
12    (d) A temporary order entered under this Section:
13        (1) does not prejudice the rights of the parties or the
14    child which are to be adjudicated at subsequent hearings in
15    the proceeding;
16        (2) may be revoked or modified before final judgment,
17    on a showing by affidavit and upon hearing; and
18        (3) terminates when the final judgment is entered or
19    when the petition for dissolution of marriage or legal
20    separation or declaration of invalidity of marriage is
21    dismissed.
22    (e) The fees or costs of mediation shall be borne by the
23parties and may be assessed by the court as it deems equitable
24without prejudice and are subject to reallocation at the
25conclusion of the case.
26(Source: P.A. 99-90, eff. 1-1-16.)



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1    (750 ILCS 5/501.1)  (from Ch. 40, par. 501.1)
2    Sec. 501.1. Dissolution action stay.
3    (a) Upon service of a summons and petition or praecipe
4filed under the Illinois Marriage and Dissolution of Marriage
5Act or upon the filing of the respondent's appearance in the
6proceeding, whichever first occurs, a dissolution action stay
7shall be in effect against both parties, without bond or
8further notice, until a final judgement is entered, the
9proceeding is dismissed, or until further order of the court:
10         (1) restraining both parties from physically abusing,
11    harassing, intimidating, striking, or interfering with the
12    personal liberty of the other party or the minor children
13    of either party; and
14         (2) restraining both parties from concealing a minor
15    child of either party from the child's other parent
16    removing any minor child of either party from the State of
17    Illinois or from concealing any such child from the other
18    party, without the consent of the other party or an order
19    of the court.
20    The restraint provided in this subsection (a) does not
21operate to make unavailable any of the remedies provided in the
22Illinois Domestic Violence Act of 1986.
23    (b) (Blank).
24    (c) (Blank).
25    (d) (Blank).



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1    (e) In a proceeding filed under this Act, the summons shall
2provide notice of the entry of the automatic dissolution action
3stay in a form as required by applicable rules.
4(Source: P.A. 99-90, eff. 1-1-16.)
5    (750 ILCS 5/502)  (from Ch. 40, par. 502)
6    Sec. 502. Agreement.
7    (a) To promote amicable settlement of disputes between
8parties to a marriage attendant upon the dissolution of their
9marriage, the parties may enter into an agreement containing
10provisions for disposition of any property owned by either of
11them, maintenance of either of them, support, parental
12responsibility allocation of their children, and support of
13their children as provided in Sections Section 513 and 513.5
14after the children attain majority. Any agreement pursuant to
15this Section must be in writing, except for good cause shown
16with the approval of the court, before proceeding to an oral
17prove up.
18    (b) The terms of the agreement, except those providing for
19the support and parental responsibility allocation of
20children, are binding upon the court unless it finds, after
21considering the economic circumstances of the parties and any
22other relevant evidence produced by the parties, on their own
23motion or on request of the court, that the agreement is
24unconscionable. The terms of the agreement incorporated into
25the judgment are binding if there is any conflict between the



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1terms of the agreement and any testimony made at an uncontested
2prove-up hearing on the grounds or the substance of the
4    (c) If the court finds the agreement unconscionable, it may
5request the parties to submit a revised agreement or upon
6hearing, may make orders for the disposition of property,
7maintenance, child support and other matters.
8    (d) Unless the agreement provides to the contrary, its
9terms shall be set forth in the judgment, and the parties shall
10be ordered to perform under such terms, or if the agreement
11provides that its terms shall not be set forth in the judgment,
12the judgment shall identify the agreement and state that the
13court has approved its terms.
14    (e) Terms of the agreement set forth in the judgment are
15enforceable by all remedies available for enforcement of a
16judgment, including contempt, and are enforceable as contract
18    (f) Child support, support of children as provided in
19Sections Section 513 and 513.5 after the children attain
20majority, and parental responsibility allocation of children
21may be modified upon a showing of a substantial change in
22circumstances. The parties may provide that maintenance is
23non-modifiable in amount, duration, or both. If the parties do
24not provide that maintenance is non-modifiable in amount,
25duration, or both, then those terms are modifiable upon a
26substantial change of circumstances. Property provisions of an



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1agreement are never modifiable. The judgment may expressly
2preclude or limit modification of other terms set forth in the
3judgment if the agreement so provides. Otherwise, terms of an
4agreement set forth in the judgment are automatically modified
5by modification of the judgment.
6(Source: P.A. 99-90, eff. 1-1-16.)
7    (750 ILCS 5/503)  (from Ch. 40, par. 503)
8    Sec. 503. Disposition of property and debts.
9    (a) For purposes of this Act, "marital property" means all
10property, including debts and other obligations, acquired by
11either spouse subsequent to the marriage, except the following,
12which is known as "non-marital property":
13        (1) property acquired by gift, legacy or descent or
14    property acquired in exchange for such property;
15        (2) property acquired in exchange for property
16    acquired before the marriage;
17        (3) property acquired by a spouse after a judgment of
18    legal separation;
19        (4) property excluded by valid agreement of the
20    parties, including a premarital agreement or a postnuptial
21    agreement;
22        (5) any judgment or property obtained by judgment
23    awarded to a spouse from the other spouse except, however,
24    when a spouse is required to sue the other spouse in order
25    to obtain insurance coverage or otherwise recover from a



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1    third party and the recovery is directly related to amounts
2    advanced by the marital estate, the judgment shall be
3    considered marital property;
4        (6) property acquired before the marriage, except as it
5    relates to retirement plans that may have both marital and
6    non-marital characteristics;
7        (6.5) all property acquired by a spouse by the sole use
8    of non-marital property as collateral for a loan that then
9    is used to acquire property during the marriage; to the
10    extent that the marital estate repays any portion of the
11    loan, it shall be considered a contribution from the
12    marital estate to the non-marital estate subject to
13    reimbursement;
14        (7) the increase in value of non-marital property,
15    irrespective of whether the increase results from a
16    contribution of marital property, non-marital property,
17    the personal effort of a spouse, or otherwise, subject to
18    the right of reimbursement provided in subsection (c) of
19    this Section; and
20        (8) income from property acquired by a method listed in
21    paragraphs (1) through (7) of this subsection if the income
22    is not attributable to the personal effort of a spouse.
23    Property acquired prior to a marriage that would otherwise
24be non-marital property shall not be deemed to be marital
25property solely because the property was acquired in
26contemplation of marriage.



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



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1invalidity of the marriage are presumed to be marital property.
2A spouse may overcome the presumption that these pension
3benefits are marital property by showing through clear and
4convincing evidence that the pension benefits were acquired by
5a method listed in subsection (a) of this Section. The right to
6a division of pension benefits in just proportions under this
7Section is enforceable under Section 1-119 of the Illinois
8Pension Code.
9    The value of pension benefits in a retirement system
10subject to the Illinois Pension Code shall be determined in
11accordance with the valuation procedures established by the
12retirement system.
13    The recognition of pension benefits as marital property and
14the division of those benefits pursuant to a Qualified Illinois
15Domestic Relations Order shall not be deemed to be a
16diminishment, alienation, or impairment of those benefits. The
17division of pension benefits is an allocation of property in
18which each spouse has a species of common ownership.
19    (3) For purposes of distribution of property under this
20Section, all stock options and restricted stock or similar form
21of benefit granted to either spouse after the marriage and
22before a judgment of dissolution of marriage or legal
23separation or declaration of invalidity of marriage, whether
24vested or non-vested or whether their value is ascertainable,
25are presumed to be marital property. This presumption of
26marital property is overcome by a showing that the stock



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1options or restricted stock or similar form of benefit were
2acquired by a method listed in subsection (a) of this Section.
3The court shall allocate stock options and restricted stock or
4similar form of benefit between the parties at the time of the
5judgment of dissolution of marriage or declaration of
6invalidity of marriage recognizing that the value of the stock
7options and restricted stock or similar form of benefit may not
8be then determinable and that the actual division of the
9options may not occur until a future date. In making the
10allocation between the parties, the court shall consider, in
11addition to the factors set forth in subsection (d) of this
12Section, the following:
13        (i) All circumstances underlying the grant of the stock
14    option and restricted stock or similar form of benefit
15    including but not limited to the vesting schedule, whether
16    the grant was for past, present, or future efforts, whether
17    the grant is designed to promote future performance or
18    employment, or any combination thereof.
19        (ii) The length of time from the grant of the option to
20    the time the option is exercisable.
21    (b-5) As to any existing policy of life insurance insuring
22the life of either spouse, or any interest in such policy, that
23constitutes marital property, whether whole life, term life,
24group term life, universal life, or other form of life
25insurance policy, and whether or not the value is
26ascertainable, the court shall allocate ownership, death



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1benefits or the right to assign death benefits, and the
2obligation for premium payments, if any, equitably between the
3parties at the time of the judgment for dissolution or
4declaration of invalidity of marriage.
5    (c) Commingled marital and non-marital property shall be
6treated in the following manner, unless otherwise agreed by the
8        (1)(A) If marital and non-marital property are
9    commingled by one estate being contributed into the other,
10    the following shall apply:
11            (i) If the contributed property loses its
12        identity, the contributed property transmutes to the
13        estate receiving the property, subject to the
14        provisions of paragraph (2) of this subsection (c).
15            (ii) If the contributed property retains its
16        identity, it does not transmute and remains property of
17        the contributing estate.
18        (B) If marital and non-marital property are commingled
19    into newly acquired property resulting in a loss of
20    identity of the contributing estates, the commingled
21    property shall be deemed transmuted to marital property,
22    subject to the provisions of paragraph (2) of this
23    subsection (c).
24        (2)(A) When one estate of property makes a contribution
25    to another estate of property, the contributing estate
26    shall be reimbursed from the estate receiving the



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1    contribution notwithstanding any transmutation. No such
2    reimbursement shall be made with respect to a contribution
3    that is not traceable by clear and convincing evidence or
4    that was a gift. The court may provide for reimbursement
5    out of the marital property to be divided or by imposing a
6    lien against the non-marital property that received the
7    contribution.
8        (B) When a spouse contributes personal effort to
9    non-marital property, it shall be deemed a contribution
10    from the marital estate, which shall receive reimbursement
11    for the efforts if the efforts are significant and result
12    in substantial appreciation to the non-marital property
13    except that if the marital estate reasonably has been
14    compensated for his or her efforts, it shall not be deemed
15    a contribution to the marital estate and there shall be no
16    reimbursement to the marital estate. The court may provide
17    for reimbursement out of the marital property to be divided
18    or by imposing a lien against the non-marital property
19    which received the contribution.
20    (d) In a proceeding for dissolution of marriage or
21declaration of invalidity of marriage, or in a proceeding for
22disposition of property following dissolution of marriage by a
23court that lacked personal jurisdiction over the absent spouse
24or lacked jurisdiction to dispose of the property, the court
25shall assign each spouse's non-marital property to that spouse.
26It also shall divide the marital property without regard to



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1marital misconduct in just proportions considering all
2relevant factors, including:
3        (1) each party's contribution to the acquisition,
4    preservation, or increase or decrease in value of the
5    marital or non-marital property, including (i) any
6    decrease attributable to an advance from the parties'
7    marital estate under subsection (c-1)(2) of Section 501;
8    (ii) the contribution of a spouse as a homemaker or to the
9    family unit; and (iii) whether the contribution is after
10    the commencement of a proceeding for dissolution of
11    marriage or declaration of invalidity of marriage;
12        (2) the dissipation by each party of the marital
13    property, provided that a party's claim of dissipation is
14    subject to the following conditions:
15            (i) a notice of intent to claim dissipation shall
16        be given no later than 60 days before trial or 30 days
17        after discovery closes, whichever is later;
18            (ii) the notice of intent to claim dissipation
19        shall contain, at a minimum, a date or period of time
20        during which the marriage began undergoing an
21        irretrievable breakdown, an identification of the
22        property dissipated, and a date or period of time
23        during which the dissipation occurred;
24            (iii) a certificate or service of the notice of
25        intent to claim dissipation shall be filed with the
26        clerk of the court and be served pursuant to applicable



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1        rules;
2            (iv) no dissipation shall be deemed to have
3        occurred prior to 3 years after the party claiming
4        dissipation knew or should have known of the
5        dissipation, but in no event prior to 5 years before
6        the filing of the petition for dissolution of marriage;
7        (3) the value of the property assigned to each spouse;
8        (4) the duration of the marriage;
9        (5) the relevant economic circumstances of each spouse
10    when the division of property is to become effective,
11    including the desirability of awarding the family home, or
12    the right to live therein for reasonable periods, to the
13    spouse having the primary residence of the children;
14        (6) any obligations and rights arising from a prior
15    marriage of either party;
16        (7) any prenuptial or postnuptial agreement of the
17    parties;
18        (8) the age, health, station, occupation, amount and
19    sources of income, vocational skills, employability,
20    estate, liabilities, and needs of each of the parties;
21        (9) the custodial provisions for any children;
22        (10) whether the apportionment is in lieu of or in
23    addition to maintenance;
24        (11) the reasonable opportunity of each spouse for
25    future acquisition of capital assets and income; and
26        (12) the tax consequences of the property division upon



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1    the respective economic circumstances of the parties.
2    (e) Each spouse has a species of common ownership in the
3marital property which vests at the time dissolution
4proceedings are commenced and continues only during the
5pendency of the action. Any such interest in marital property
6shall not encumber that property so as to restrict its
7transfer, assignment or conveyance by the title holder unless
8such title holder is specifically enjoined from making such
9transfer, assignment or conveyance.
10    (f) In a proceeding for dissolution of marriage or
11declaration of invalidity of marriage or in a proceeding for
12disposition of property following dissolution of marriage by a
13court that lacked personal jurisdiction over the absent spouse
14or lacked jurisdiction to dispose of the property, the court,
15in determining the value of the marital and non-marital
16property for purposes of dividing the property, has the
17discretion to use the date of the trial or such other date as
18agreed upon by the parties, or ordered by the court within its
19discretion, for purposes of determining the value of assets or
21    (g) The court if necessary to protect and promote the best
22interests of the children may set aside a portion of the
23jointly or separately held estates of the parties in a separate
24fund or trust for the support, maintenance, education, physical
25and mental health, and general welfare of any minor, dependent,
26or incompetent child of the parties. In making a determination



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1under this subsection, the court may consider, among other
2things, the conviction of a party of any of the offenses set
3forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
412-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
512-15, or 12-16, or Section 12-3.05 except for subdivision
6(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal
7Code of 2012 if the victim is a child of one or both of the
8parties, and there is a need for, and cost of, care, healing
9and counseling for the child who is the victim of the crime.
10    (h) Unless specifically directed by a reviewing court, or
11upon good cause shown, the court shall not on remand consider
12any increase or decrease in the value of any "marital" or
13"non-marital" property occurring since the assessment of such
14property at the original trial or hearing, but shall use only
15that assessment made at the original trial or hearing.
16    (i) The court may make such judgments affecting the marital
17property as may be just and may enforce such judgments by
18ordering a sale of marital property, with proceeds therefrom to
19be applied as determined by the court.
20    (j) After proofs have closed in the final hearing on all
21other issues between the parties (or in conjunction with the
22final hearing, if all parties so stipulate) and before judgment
23is entered, a party's petition for contribution to fees and
24costs incurred in the proceeding shall be heard and decided, in
25accordance with the following provisions:
26        (1) A petition for contribution, if not filed before



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1    the final hearing on other issues between the parties,
2    shall be filed no later than 14 days after the closing of
3    proofs in the final hearing or within such other period as
4    the court orders.
5        (2) Any award of contribution to one party from the
6    other party shall be based on the criteria for division of
7    marital property under this Section 503 and, if maintenance
8    has been awarded, on the criteria for an award of
9    maintenance under Section 504.
10        (3) The filing of a petition for contribution shall not
11    be deemed to constitute a waiver of the attorney-client
12    privilege between the petitioning party and current or
13    former counsel; and such a waiver shall not constitute a
14    prerequisite to a hearing for contribution. If either
15    party's presentation on contribution, however, includes
16    evidence within the scope of the attorney-client
17    privilege, the disclosure or disclosures shall be narrowly
18    construed and shall not be deemed by the court to
19    constitute a general waiver of the privilege as to matters
20    beyond the scope of the presentation.
21        (4) No finding on which a contribution award is based
22    or denied shall be asserted against counsel or former
23    counsel for purposes of any hearing under subsection (c) or
24    (e) of Section 508.
25        (5) A contribution award (payable to either the
26    petitioning party or the party's counsel, or jointly, as



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1    the court determines) may be in the form of either a set
2    dollar amount or a percentage of fees and costs (or a
3    portion of fees and costs) to be subsequently agreed upon
4    by the petitioning party and counsel or, alternatively,
5    thereafter determined in a hearing pursuant to subsection
6    (c) of Section 508 or previously or thereafter determined
7    in an independent proceeding under subsection (e) of
8    Section 508.
9        (6) The changes to this Section 503 made by this
10    amendatory Act of 1996 apply to cases pending on or after
11    June 1, 1997, except as otherwise provided in Section 508.
12    (k) In determining the value of assets or property under
13this Section, the court shall employ a fair market value
14standard. The date of valuation for the purposes of division of
15assets shall be the date of trial or such other date as agreed
16by the parties or ordered by the court, within its discretion.
17If the court grants a petition brought under Section 2-1401 of
18the Code of Civil Procedure, then the court has the discretion
19to use the date of the trial or such other date as agreed upon
20by the parties, or ordered by the court within its discretion,
21for purposes of determining the value of assets or property.
22    (l) The court may seek the advice of financial experts or
23other professionals, whether or not employed by the court on a
24regular basis. The advice given shall be in writing and made
25available by the court to counsel. Counsel may examine as a
26witness any professional consulted by the court designated as



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1the court's witness. Professional personnel consulted by the
2court are subject to subpoena for the purposes of discovery,
3trial, or both. The court shall allocate the costs and fees of
4those professional personnel between the parties based upon the
5financial ability of each party and any other criteria the
6court considers appropriate, and the allocation is subject to
7reallocation under subsection (a) of Section 508. Upon the
8request of any party or upon the court's own motion, the court
9may conduct a hearing as to the reasonableness of those fees
10and costs.
11    (m) The changes made to this Section by Public Act 97-941
12apply only to petitions for dissolution of marriage filed on or
13after January 1, 2013 (the effective date of Public Act
15(Source: P.A. 99-78, eff. 7-20-15; 99-90, eff. 1-1-16.)
16    (750 ILCS 5/504)  (from Ch. 40, par. 504)
17    Sec. 504. Maintenance.
18    (a) Entitlement to maintenance. In a proceeding for
19dissolution of marriage or legal separation or declaration of
20invalidity of marriage, or a proceeding for maintenance
21following dissolution of the marriage by a court which lacked
22personal jurisdiction over the absent spouse, the court may
23grant a maintenance award for either spouse in amounts and for
24periods of time as the court deems just, without regard to
25marital misconduct, and the maintenance may be paid from the



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1income or property of the other spouse. The court shall first
2determine whether a maintenance award is appropriate, after
3consideration of all relevant factors, including:
4        (1) the income and property of each party, including
5    marital property apportioned and non-marital property
6    assigned to the party seeking maintenance as well as all
7    financial obligations imposed on the parties as a result of
8    the dissolution of marriage;
9        (2) the needs of each party;
10        (3) the realistic present and future earning capacity
11    of each party;
12        (4) any impairment of the present and future earning
13    capacity of the party seeking maintenance due to that party
14    devoting time to domestic duties or having forgone or
15    delayed education, training, employment, or career
16    opportunities due to the marriage;
17        (5) any impairment of the realistic present or future
18    earning capacity of the party against whom maintenance is
19    sought;
20        (6) the time necessary to enable the party seeking
21    maintenance to acquire appropriate education, training,
22    and employment, and whether that party is able to support
23    himself or herself through appropriate employment or any
24    parental responsibility arrangements and its effect on the
25    party seeking employment;
26        (7) the standard of living established during the



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1    marriage;
2        (8) the duration of the marriage;
3        (9) the age, health, station, occupation, amount and
4    sources of income, vocational skills, employability,
5    estate, liabilities, and the needs of each of the parties;
6        (10) all sources of public and private income
7    including, without limitation, disability and retirement
8    income;
9        (11) the tax consequences of the property division upon
10    the respective economic circumstances of the parties;
11        (12) contributions and services by the party seeking
12    maintenance to the education, training, career or career
13    potential, or license of the other spouse;
14        (13) any valid agreement of the parties; and
15        (14) any other factor that the court expressly finds to
16    be just and equitable.
17    (b) (Blank).
18    (b-1) Amount and duration of maintenance. If the court
19determines that a maintenance award is appropriate, the court
20shall order maintenance in accordance with either paragraph (1)
21or (2) of this subsection (b-1):
22        (1) Maintenance award in accordance with guidelines.
23    In situations when the combined gross income of the parties
24    is less than $250,000 and the payor has no obligation to
25    pay child support or maintenance or both from a prior
26    relationship, maintenance payable after the date the



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1    parties' marriage is dissolved shall be in accordance with
2    subparagraphs (A) and (B) of this paragraph (1), unless the
3    court makes a finding that the application of the
4    guidelines would be inappropriate.
5            (A) The amount of maintenance under this paragraph
6        (1) shall be calculated by taking 30% of the payor's
7        gross income minus 20% of the payee's gross income. The
8        amount calculated as maintenance, however, when added
9        to the gross income of the payee, may not result in the
10        payee receiving an amount that is in excess of 40% of
11        the combined gross income of the parties.
12            (B) The duration of an award under this paragraph
13        (1) shall be calculated by multiplying the length of
14        the marriage at the time the action was commenced by
15        whichever of the following factors applies: 5 years or
16        less (.20); more than 5 years but less than 10 years
17        (.40); 10 years or more but less than 15 years (.60);
18        or 15 years or more but less than 20 years (.80). For a
19        marriage of 20 or more years, the court, in its
20        discretion, shall order either permanent maintenance
21        or maintenance for a period equal to the length of the
22        marriage.
23        (2) Maintenance award not in accordance with
24    guidelines. Any non-guidelines award of maintenance shall
25    be made after the court's consideration of all relevant
26    factors set forth in subsection (a) of this Section.



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1    (b-2) Findings. In each case involving the issue of
2maintenance, the court shall make specific findings of fact, as
4        (1) the court shall state its reasoning for awarding or
5    not awarding maintenance and shall include references to
6    each relevant factor set forth in subsection (a) of this
7    Section; and
8        (2) if the court deviates from otherwise applicable
9    guidelines under paragraph (1) of subsection (b-1), it
10    shall state in its findings the amount of maintenance (if
11    determinable) or duration that would have been required
12    under the guidelines and the reasoning for any variance
13    from the guidelines.
14    (b-3) Gross income. For purposes of this Section, the term
15"gross income" means all income from all sources, within the
16scope of that phrase phase in Section 505 of this Act.
17    (b-4) Unallocated maintenance. Unless the parties
18otherwise agree, the court may not order unallocated
19maintenance and child support in any dissolution judgment or in
20any post-dissolution order. In its discretion, the court may
21order unallocated maintenance and child support in any
22pre-dissolution temporary order.
23    (b-4.5) Fixed-term maintenance in marriages of less than 10
24years. If a court grants maintenance for a fixed period under
25subsection (a) of this Section at the conclusion of a case
26commenced before the tenth anniversary of the marriage, the



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1court may also designate the termination of the period during
2which this maintenance is to be paid as a "permanent
3termination". The effect of this designation is that
4maintenance is barred after the ending date of the period
5during which maintenance is to be paid.
6    (b-5) Interest on maintenance. Any maintenance obligation
7including any unallocated maintenance and child support
8obligation, or any portion of any support obligation, that
9becomes due and remains unpaid shall accrue simple interest as
10set forth in Section 505 of this Act.
11    (b-7) Maintenance judgments. Any new or existing
12maintenance order including any unallocated maintenance and
13child support order entered by the court under this Section
14shall be deemed to be a series of judgments against the person
15obligated to pay support thereunder. Each such judgment to be
16in the amount of each payment or installment of support and
17each such judgment to be deemed entered as of the date the
18corresponding payment or installment becomes due under the
19terms of the support order, except no judgment shall arise as
20to any installment coming due after the termination of
21maintenance as provided by Section 510 of the Illinois Marriage
22and Dissolution of Marriage Act or the provisions of any order
23for maintenance. Each such judgment shall have the full force,
24effect and attributes of any other judgment of this State,
25including the ability to be enforced. Notwithstanding any other
26State or local law to the contrary, a lien arises by operation



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1of law against the real and personal property of the obligor
2for each installment of overdue support owed by the obligor.
3    (b-8) Upon review of any previously ordered maintenance
4award, the court may extend maintenance for further review,
5extend maintenance for a fixed non-modifiable term, extend
6maintenance for an indefinite term, or permanently terminate
7maintenance in accordance with subdivision (b-1)(1)(A) of this
9    (c) Maintenance during an appeal. The court may grant and
10enforce the payment of maintenance during the pendency of an
11appeal as the court shall deem reasonable and proper.
12    (d) Maintenance during imprisonment. No maintenance shall
13accrue during the period in which a party is imprisoned for
14failure to comply with the court's order for the payment of
15such maintenance.
16    (e) Fees when maintenance is paid through the clerk. When
17maintenance is to be paid through the clerk of the court in a
18county of 1,000,000 inhabitants or less, the order shall direct
19the obligor to pay to the clerk, in addition to the maintenance
20payments, all fees imposed by the county board under paragraph
21(3) of subsection (u) of Section 27.1 of the Clerks of Courts
22Act. Unless paid in cash or pursuant to an order for
23withholding, the payment of the fee shall be by a separate
24instrument from the support payment and shall be made to the
25order of the Clerk.
26    (f) Maintenance secured by life insurance. An award ordered



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1by a court upon entry of a dissolution judgment or upon entry
2of an award of maintenance following a reservation of
3maintenance in a dissolution judgment may be reasonably
4secured, in whole or in part, by life insurance on the payor's
5life on terms as to which the parties agree, or, if they do not
6agree, on such terms determined by the court, subject to the
8        (1) With respect to existing life insurance, provided
9    the court is apprised through evidence, stipulation, or
10    otherwise as to level of death benefits, premium, and other
11    relevant data and makes findings relative thereto, the
12    court may allocate death benefits, the right to assign
13    death benefits, or the obligation for future premium
14    payments between the parties as it deems just.
15        (2) To the extent the court determines that its award
16    should be secured, in whole or in part, by new life
17    insurance on the payor's life, the court may only order:
18            (i) that the payor cooperate on all appropriate
19        steps for the payee to obtain such new life insurance;
20        and
21            (ii) that the payee, at his or her sole option and
22        expense, may obtain such new life insurance on the
23        payor's life up to a maximum level of death benefit
24        coverage, or descending death benefit coverage, as is
25        set by the court, such level not to exceed a reasonable
26        amount in light of the court's award, with the payee or



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1        the payee's designee being the beneficiary of such life
2        insurance.
3    In determining the maximum level of death benefit coverage,
4    the court shall take into account all relevant facts and
5    circumstances, including the impact on access to life
6    insurance by the maintenance payor. If in resolving any
7    issues under paragraph (2) of this subsection (f) a court
8    reviews any submitted or proposed application for new
9    insurance on the life of a maintenance payor, the review
10    shall be in camera.
11        (3) A judgment shall expressly set forth that all death
12    benefits paid under life insurance on a payor's life
13    maintained or obtained pursuant to this subsection to
14    secure maintenance are designated as excludable from the
15    gross income of the maintenance payee under Section
16    71(b)(1)(B) of the Internal Revenue Code, unless an
17    agreement or stipulation of the parties otherwise
18    provides.
19(Source: P.A. 98-961, eff. 1-1-15; 99-90, eff. 1-1-16.)
20    (750 ILCS 5/505)  (from Ch. 40, par. 505)
21    Sec. 505. Child support; contempt; penalties.
22    (a) In a proceeding for dissolution of marriage, legal
23separation, declaration of invalidity of marriage, a
24proceeding for child support following dissolution of the
25marriage by a court that lacked personal jurisdiction over the



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1absent spouse, a proceeding for modification of a previous
2order for child support under Section 510 of this Act, or any
3proceeding authorized under Section 501 or 601 of this Act, the
4court may order either or both parents owing a duty of support
5to a child of the marriage to pay an amount reasonable and
6necessary for the support of the child, without regard to
7marital misconduct. The duty of support owed to a child
8includes the obligation to provide for the reasonable and
9necessary educational, physical, mental and emotional health
10needs of the child. For purposes of this Section, the term
11"child" shall include any child under age 18 and any child
12under age 19 who is still attending high school. For purposes
13of this Section, the term "supporting parent" means the parent
14obligated to pay support to the other parent.
15        (1) The Court shall determine the minimum amount of
16    support by using the following guidelines:
17Number of ChildrenPercent of Supporting Party's
18Net Income
246 or more50%
25        (2) The above guidelines shall be applied in each case
26    unless the court finds that a deviation from the guidelines



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1    is appropriate after considering the best interest of the
2    child in light of the evidence, including, but not limited
3    to, one or more of the following relevant factors:
4            (a) the financial resources and needs of the child;
5            (b) the financial resources and needs of the
6        parents;
7            (c) the standard of living the child would have
8        enjoyed had the marriage not been dissolved;
9            (d) the physical, mental, and emotional needs of
10        the child; and
11            (d-5) the educational needs of the child.
12        If the court deviates from the guidelines, the court's
13    finding shall state the amount of support that would have
14    been required under the guidelines, if determinable. The
15    court shall include the reason or reasons for the variance
16    from the guidelines.
17        (2.5) The court, in its discretion, in addition to
18    setting child support pursuant to the guidelines and
19    factors, may order either or both parents owing a duty of
20    support to a child of the marriage to contribute to the
21    following expenses, if determined by the court to be
22    reasonable:
23            (a) health needs not covered by insurance;
24            (b) child care;
25            (c) education; and
26            (d) extracurricular activities.



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1        (3) "Net income" is defined as the total of all income
2    from all sources, minus the following deductions:
3            (a) Federal income tax (properly calculated
4        withholding or estimated payments);
5            (b) State income tax (properly calculated
6        withholding or estimated payments);
7            (c) Social Security (FICA payments);
8            (d) Mandatory retirement contributions required by
9        law or as a condition of employment;
10            (e) Union dues;
11            (f) Dependent and individual
12        health/hospitalization insurance premiums and premiums
13        for life insurance ordered by the court to reasonably
14        secure payment of ordered child support;
15            (g) Prior obligations of support or maintenance
16        actually paid pursuant to a court order;
17            (g-5) Obligations pursuant to a court order for
18        maintenance in the pending proceeding actually paid or
19        payable under Section 504 to the same party to whom
20        child support is to be payable;
21            (h) Expenditures for repayment of debts that
22        represent reasonable and necessary expenses for the
23        production of income including, but not limited to,
24        student loans, medical expenditures necessary to
25        preserve life or health, reasonable expenditures for
26        the benefit of the child and the other parent,



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1        exclusive of gifts. The court shall reduce net income
2        in determining the minimum amount of support to be
3        ordered only for the period that such payments are due
4        and shall enter an order containing provisions for its
5        self-executing modification upon termination of such
6        payment period;
7            (i) Foster care payments paid by the Department of
8        Children and Family Services for providing licensed
9        foster care to a foster child.
10        (4) In cases where the court order provides for
11    health/hospitalization insurance coverage pursuant to
12    Section 505.2 of this Act, the premiums for that insurance,
13    or that portion of the premiums for which the supporting
14    party is responsible in the case of insurance provided
15    through an employer's health insurance plan where the
16    employer pays a portion of the premiums, shall be
17    subtracted from net income in determining the minimum
18    amount of support to be ordered.
19        (4.5) In a proceeding for child support following
20    dissolution of the marriage by a court that lacked personal
21    jurisdiction over the absent spouse, and in which the court
22    is requiring payment of support for the period before the
23    date an order for current support is entered, there is a
24    rebuttable presumption that the supporting party's net
25    income for the prior period was the same as his or her net
26    income at the time the order for current support is



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1    entered.
2        (5) If the net income cannot be determined because of
3    default or any other reason, the court shall order support
4    in an amount considered reasonable in the particular case.
5    The final order in all cases shall state the support level
6    in dollar amounts. However, if the court finds that the
7    child support amount cannot be expressed exclusively as a
8    dollar amount because all or a portion of the supporting
9    parent's net income is uncertain as to source, time of
10    payment, or amount, the court may order a percentage amount
11    of support in addition to a specific dollar amount and
12    enter such other orders as may be necessary to determine
13    and enforce, on a timely basis, the applicable support
14    ordered.
15        (6) If (i) the supporting parent was properly served
16    with a request for discovery of financial information
17    relating to the supporting parent's ability to provide
18    child support, (ii) the supporting parent failed to comply
19    with the request, despite having been ordered to do so by
20    the court, and (iii) the supporting parent is not present
21    at the hearing to determine support despite having received
22    proper notice, then any relevant financial information
23    concerning the supporting parent's ability to provide
24    child support that was obtained pursuant to subpoena and
25    proper notice shall be admitted into evidence without the
26    need to establish any further foundation for its admission.



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



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1of a parent during a sentence of periodic imprisonment paid to
2the Clerk of the Circuit Court or to the parent receiving the
3support or to the guardian receiving the support of the
4children of the sentenced parent for the support of said
5children until further order of the Court.
6    If a parent who is found guilty of contempt for failure to
7comply with an order to pay support is a person who conducts a
8business or who is self-employed, the court in addition to
9other penalties provided by law may order that the parent do
10one or more of the following: (i) provide to the court monthly
11financial statements showing income and expenses from the
12business or the self-employment; (ii) seek employment and
13report periodically to the court with a diary, listing, or
14other memorandum of his or her employment search efforts; or
15(iii) report to the Department of Employment Security for job
16search services to find employment that will be subject to
17withholding for child support.
18    If there is a unity of interest and ownership sufficient to
19render no financial separation between a supporting parent and
20another person or persons or business entity, the court may
21pierce the ownership veil of the person, persons, or business
22entity to discover assets of the supporting parent held in the
23name of that person, those persons, or that business entity.
24The following circumstances are sufficient to authorize a court
25to order discovery of the assets of a person, persons, or
26business entity and to compel the application of any discovered



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1assets toward payment on the judgment for support:
2        (1) the supporting parent and the person, persons, or
3    business entity maintain records together.
4        (2) the supporting parent and the person, persons, or
5    business entity fail to maintain an arm's length
6    relationship between themselves with regard to any assets.
7        (3) the supporting parent transfers assets to the
8    person, persons, or business entity with the intent to
9    perpetrate a fraud on the parent receiving the support.
10    With respect to assets which are real property, no order
11entered under this paragraph shall affect the rights of bona
12fide purchasers, mortgagees, judgment creditors, or other lien
13holders who acquire their interests in the property prior to
14the time a notice of lis pendens pursuant to the Code of Civil
15Procedure or a copy of the order is placed of record in the
16office of the recorder of deeds for the county in which the
17real property is located.
18    The court may also order in cases where the parent is 90
19days or more delinquent in payment of support or has been
20adjudicated in arrears in an amount equal to 90 days obligation
21or more, that the parent's Illinois driving privileges be
22suspended until the court determines that the parent is in
23compliance with the order of support. The court may also order
24that the parent be issued a family financial responsibility
25driving permit that would allow limited driving privileges for
26employment and medical purposes in accordance with Section



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17-702.1 of the Illinois Vehicle Code. The clerk of the circuit
2court shall certify the order suspending the driving privileges
3of the parent or granting the issuance of a family financial
4responsibility driving permit to the Secretary of State on
5forms prescribed by the Secretary. Upon receipt of the
6authenticated documents, the Secretary of State shall suspend
7the parent's driving privileges until further order of the
8court and shall, if ordered by the court, subject to the
9provisions of Section 7-702.1 of the Illinois Vehicle Code,
10issue a family financial responsibility driving permit to the
12    In addition to the penalties or punishment that may be
13imposed under this Section, any person whose conduct
14constitutes a violation of Section 15 of the Non-Support
15Punishment Act may be prosecuted under that Act, and a person
16convicted under that Act may be sentenced in accordance with
17that Act. The sentence may include but need not be limited to a
18requirement that the person perform community service under
19Section 50 of that Act or participate in a work alternative
20program under Section 50 of that Act. A person may not be
21required to participate in a work alternative program under
22Section 50 of that Act if the person is currently participating
23in a work program pursuant to Section 505.1 of this Act.
24    A support obligation, or any portion of a support
25obligation, which becomes due and remains unpaid as of the end
26of each month, excluding the child support that was due for



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1that month to the extent that it was not paid in that month,
2shall accrue simple interest as set forth in Section 12-109 of
3the Code of Civil Procedure. An order for support entered or
4modified on or after January 1, 2006 shall contain a statement
5that a support obligation required under the order, or any
6portion of a support obligation required under the order, that
7becomes due and remains unpaid as of the end of each month,
8excluding the child support that was due for that month to the
9extent that it was not paid in that month, shall accrue simple
10interest as set forth in Section 12-109 of the Code of Civil
11Procedure. Failure to include the statement in the order for
12support does not affect the validity of the order or the
13accrual of interest as provided in this Section.
14    (c) A one-time charge of 20% is imposable upon the amount
15of past-due child support owed on July 1, 1988 which has
16accrued under a support order entered by the court. The charge
17shall be imposed in accordance with the provisions of Section
1810-21 of the Illinois Public Aid Code and shall be enforced by
19the court upon petition.
20    (d) Any new or existing support order entered by the court
21under this Section shall be deemed to be a series of judgments
22against the person obligated to pay support thereunder, each
23such judgment to be in the amount of each payment or
24installment of support and each such judgment to be deemed
25entered as of the date the corresponding payment or installment
26becomes due under the terms of the support order. Each such



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1judgment shall have the full force, effect and attributes of
2any other judgment of this State, including the ability to be
3enforced. Notwithstanding any other State or local law to the
4contrary, a lien arises by operation of law against the real
5and personal property of the supporting parent for each
6installment of overdue support owed by the supporting parent.
7    (e) When child support is to be paid through the clerk of
8the court in a county of 1,000,000 inhabitants or less, the
9order shall direct the supporting parent to pay to the clerk,
10in addition to the child support payments, all fees imposed by
11the county board under paragraph (3) of subsection (u) of
12Section 27.1 of the Clerks of Courts Act. Unless paid in cash
13or pursuant to an order for withholding, the payment of the fee
14shall be by a separate instrument from the support payment and
15shall be made to the order of the Clerk.
16    (f) All orders for support, when entered or modified, shall
17include a provision requiring the supporting parent to notify
18the court and, in cases in which a party is receiving child and
19spouse services under Article X of the Illinois Public Aid
20Code, the Department of Healthcare and Family Services, within
217 days, (i) of the name and address of any new employer of the
22obligor, (ii) whether the supporting parent has access to
23health insurance coverage through the employer or other group
24coverage and, if so, the policy name and number and the names
25of persons covered under the policy, except only the initials
26of any covered minors shall be included, and (iii) of any new



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1residential or mailing address or telephone number of the
2supporting parent. In any subsequent action to enforce a
3support order, upon a sufficient showing that a diligent effort
4has been made to ascertain the location of the supporting
5parent, service of process or provision of notice necessary in
6the case may be made at the last known address of the
7supporting parent in any manner expressly provided by the Code
8of Civil Procedure or this Act, which service shall be
9sufficient for purposes of due process.
10    (g) An order for support shall include a date on which the
11current support obligation terminates. The termination date
12shall be no earlier than the date on which the child covered by
13the order will attain the age of 18. However, if the child will
14not graduate from high school until after attaining the age of
1518, then the termination date shall be no earlier than the
16earlier of the date on which the child's high school graduation
17will occur or the date on which the child will attain the age
18of 19. The order for support shall state that the termination
19date does not apply to any arrearage that may remain unpaid on
20that date. Nothing in this subsection shall be construed to
21prevent the court from modifying the order or terminating the
22order in the event the child is otherwise emancipated.
23    (g-5) If there is an unpaid arrearage or delinquency (as
24those terms are defined in the Income Withholding for Support
25Act) equal to at least one month's support obligation on the
26termination date stated in the order for support or, if there



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1is no termination date stated in the order, on the date the
2child attains the age of majority or is otherwise emancipated,
3the periodic amount required to be paid for current support of
4that child immediately prior to that date shall automatically
5continue to be an obligation, not as current support but as
6periodic payment toward satisfaction of the unpaid arrearage or
7delinquency. That periodic payment shall be in addition to any
8periodic payment previously required for satisfaction of the
9arrearage or delinquency. The total periodic amount to be paid
10toward satisfaction of the arrearage or delinquency may be
11enforced and collected by any method provided by law for
12enforcement and collection of child support, including but not
13limited to income withholding under the Income Withholding for
14Support Act. Each order for support entered or modified on or
15after the effective date of this amendatory Act of the 93rd
16General Assembly must contain a statement notifying the parties
17of the requirements of this subsection. Failure to include the
18statement in the order for support does not affect the validity
19of the order or the operation of the provisions of this
20subsection with regard to the order. This subsection shall not
21be construed to prevent or affect the establishment or
22modification of an order for support of a minor child or the
23establishment or modification of an order for support of a
24non-minor child or educational expenses under Section 513 of
25this Act.
26    (h) An order entered under this Section shall include a



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1provision requiring either parent to report to the other parent
2and to the clerk of court within 10 days each time either
3parent obtains new employment, and each time either parent's
4employment is terminated for any reason. The report shall be in
5writing and shall, in the case of new employment, include the
6name and address of the new employer. Failure to report new
7employment or the termination of current employment, if coupled
8with nonpayment of support for a period in excess of 60 days,
9is indirect criminal contempt. For either parent arrested for
10failure to report new employment bond shall be set in the
11amount of the child support that should have been paid during
12the period of unreported employment. An order entered under
13this Section shall also include a provision requiring either
14parent to advise the other of a change in residence within 5
15days of the change except when the court finds that the
16physical, mental, or emotional health of a party or that of a
17child, or both, would be seriously endangered by disclosure of
18the party's address.
19    (i) The court does not lose the powers of contempt,
20driver's license suspension, or other child support
21enforcement mechanisms, including, but not limited to,
22criminal prosecution as set forth in this Act, upon the
23emancipation of the minor child or children.
24(Source: P.A. 98-463, eff. 8-16-13; 98-961, eff. 1-1-15; 99-90,
25eff. 1-1-16.)



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1    (750 ILCS 5/508)  (from Ch. 40, par. 508)
2    Sec. 508. Attorney's Fees; Client's Rights and
3Responsibilities Respecting Fees and Costs.
4    (a) The court from time to time, after due notice and
5hearing, and after considering the financial resources of the
6parties, may order any party to pay a reasonable amount for his
7own or the other party's costs and attorney's fees. Interim
8attorney's fees and costs may be awarded from the opposing
9party, in a pre-judgment dissolution proceeding in accordance
10with subsection (c-1) of Section 501 and in any other
11proceeding under this subsection. At the conclusion of any
12pre-judgment dissolution proceeding under this subsection,
13contribution to attorney's fees and costs may be awarded from
14the opposing party in accordance with subsection (j) of Section
15503 and in any other proceeding under this subsection. Fees and
16costs may be awarded in any proceeding to counsel from a former
17client in accordance with subsection (c) of this Section.
18Awards may be made in connection with the following:
19        (1) The maintenance or defense of any proceeding under
20    this Act.
21        (2) The enforcement or modification of any order or
22    judgment under this Act.
23        (3) The defense of an appeal of any order or judgment
24    under this Act, including the defense of appeals of
25    post-judgment orders.
26        (3.1) The prosecution of any claim on appeal (if the



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1    prosecuting party has substantially prevailed).
2        (4) The maintenance or defense of a petition brought
3    under Section 2-1401 of the Code of Civil Procedure seeking
4    relief from a final order or judgment under this Act. Fees
5    incurred with respect to motions under Section 2-1401 of
6    the Code of Civil Procedure may be granted only to the
7    party who substantially prevails.
8        (5) The costs and legal services of an attorney
9    rendered in preparation of the commencement of the
10    proceeding brought under this Act.
11        (6) Ancillary litigation incident to, or reasonably
12    connected with, a proceeding under this Act.
13        (7) Costs and attorney's fees incurred in an action
14    under the Hague Convention on the Civil Aspects of
15    International Child Abduction.
16    All petitions for or relating to interim fees and costs
17under this subsection shall be accompanied by an affidavit as
18to the factual basis for the relief requested and all hearings
19relative to any such petition shall be scheduled expeditiously
20by the court. All provisions for contribution under this
21subsection shall also be subject to paragraphs (3), (4), and
22(5) of subsection (j) of Section 503.
23    The court may order that the award of attorney's fees and
24costs (including an interim or contribution award) shall be
25paid directly to the attorney, who may enforce the order in his
26or her name, or that it shall be paid to the appropriate party.



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1Judgment may be entered and enforcement had accordingly. Except
2as otherwise provided in subdivision (e)(1) of this Section,
3subsection (c) of this Section is exclusive as to the right of
4any counsel (or former counsel) of record to petition a court
5for an award and judgment for final fees and costs during the
6pendency of a proceeding under this Act.
7    (a-5) A petition for temporary attorney's fees in a
8post-judgment case may be heard on a non-evidentiary, summary
10    (b) In every proceeding for the enforcement of an order or
11judgment when the court finds that the failure to comply with
12the order or judgment was without compelling cause or
13justification, the court shall order the party against whom the
14proceeding is brought to pay promptly the costs and reasonable
15attorney's fees of the prevailing party. If non-compliance is
16with respect to a discovery order, the non-compliance is
17presumptively without compelling cause or justification, and
18the presumption may only be rebutted by clear and convincing
19evidence. If at any time a court finds that a hearing under
20this Act was precipitated or conducted for any improper
21purpose, the court shall allocate fees and costs of all parties
22for the hearing to the party or counsel found to have acted
23improperly. Improper purposes include, but are not limited to,
24harassment, unnecessary delay, or other acts needlessly
25increasing the cost of litigation.
26    (c) Final hearings for attorney's fees and costs against an



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



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1    subsection (f); (ii) the written engagement agreement is
2    attached to an affidavit of counsel that is filed with the
3    petition or with the counsel's response to a client's
4    petition; (iii) judgment in any contribution hearing on
5    behalf of the client has been entered or the right to a
6    contribution hearing under subsection (j) of Section 503
7    has been waived; (iv) the counsel has withdrawn as counsel
8    of record; and (v) the petition seeks adjudication of all
9    unresolved claims for fees and costs between the counsel
10    and the client. Irrespective of a Petition for Setting
11    Final Fees and Costs being heard in conjunction with an
12    original proceeding under this Act, the relief requested
13    under a Petition for Setting Final Fees and Costs
14    constitutes a distinct cause of action. A pending but
15    undetermined Petition for Setting Final Fees and Costs
16    shall not affect appealability or enforceability of any
17    judgment or other adjudication in the original proceeding.
18        (3) The determination of reasonable attorney's fees
19    and costs either under this subsection (c), whether
20    initiated by a counsel or a client, or in an independent
21    proceeding for services within the scope of subdivisions
22    (1) through (5) of subsection (a), is within the sound
23    discretion of the trial court. The court shall first
24    consider the written engagement agreement and, if the court
25    finds that the former client and the filing counsel,
26    pursuant to their written engagement agreement, entered



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1    into a contract which meets applicable requirements of
2    court rules and addresses all material terms, then the
3    contract shall be enforceable in accordance with its terms,
4    subject to the further requirements of this subdivision
5    (c)(3). Before ordering enforcement, however, the court
6    shall consider the performance pursuant to the contract.
7    Any amount awarded by the court must be found to be fair
8    compensation for the services, pursuant to the contract,
9    that the court finds were reasonable and necessary. Quantum
10    meruit principles shall govern any award for legal services
11    performed that is not based on the terms of the written
12    engagement agreement (except that, if a court expressly
13    finds in a particular case that aggregate billings to a
14    client were unconscionably excessive, the court in its
15    discretion may reduce the award otherwise determined
16    appropriate or deny fees altogether).
17        (4) No final hearing under this subsection (c) is
18    permitted unless any controversy over fees and costs (that
19    is not otherwise subject to some form of alternative
20    dispute resolution) has first been submitted to mediation,
21    arbitration, or any other court approved alternative
22    dispute resolution procedure, except as follows:
23            (A) In any circuit court for a single county with a
24        population in excess of 1,000,000, the requirement of
25        the controversy being submitted to an alternative
26        dispute resolution procedure is mandatory unless the



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1        client and the counsel both affirmatively opt out of
2        such procedures; or
3            (B) In any other circuit court, the requirement of
4        the controversy being submitted to an alternative
5        dispute resolution procedure is mandatory only if
6        neither the client nor the counsel affirmatively opts
7        out of such procedures.
8        After completion of any such procedure (or after one or
9    both sides has opted out of such procedures), if the
10    dispute is unresolved, any pending motion for leave to
11    withdraw as counsel shall be promptly granted and a final
12    hearing under this subsection (c) shall be expeditiously
13    set and completed.
14        (5) A petition (or a praecipe for fee hearing without
15    the petition) shall be filed no later than the end of the
16    period in which it is permissible to file a motion pursuant
17    to Section 2-1203 of the Code of Civil Procedure. A
18    praecipe for fee hearing shall be dismissed if a Petition
19    for Setting Final Fees and Costs is not filed within 60
20    days after the filing of the praecipe. A counsel who
21    becomes a party by filing a Petition for Setting Final Fees
22    and Costs, or as a result of the client filing a Petition
23    for Setting Final Fees and Costs, shall not be entitled to
24    exercise the right to a substitution of a judge without
25    cause under subdivision (a)(2) of Section 2-1001 of the
26    Code of Civil Procedure. Each of the foregoing deadlines



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1    for the filing of a praecipe or a petition shall be:
2        (A) tolled if a motion is filed under Section 2-1203 of
3    the Code of Civil Procedure, in which instance a petition
4    (or a praecipe) shall be filed no later than 30 days
5    following disposition of all Section 2-1203 motions; or
6        (B) tolled if a notice of appeal is filed, in which
7    instance a petition (or praecipe) shall be filed no later
8    than 30 days following the date jurisdiction on the issue
9    appealed is returned to the trial court.
10    If a praecipe has been timely filed, then by timely filed
11written stipulation between counsel and client (or former
12client), the deadline for the filing of a petition may be
13extended for a period of up to one year.
14    (d) A consent judgment, in favor of a current counsel of
15record against his or her own client for a specific amount in a
16marital settlement agreement, dissolution judgment, or any
17other instrument involving the other litigant, is prohibited. A
18consent judgment between client and counsel, however, is
19permissible if it is entered pursuant to a verified petition
20for entry of consent judgment, supported by an affidavit of the
21counsel of record that includes the counsel's representation
22that the client has been provided an itemization of the billing
23or billings to the client, detailing hourly costs, time spent,
24and tasks performed, and by an affidavit of the client
25acknowledging receipt of that documentation, awareness of the
26right to a hearing, the right to be represented by counsel



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



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1    remains pending, any counsel or former counsel may pursue
2    such an award and judgment in an independent proceeding.
3In an independent proceeding, the prior applicability of this
4Section shall in no way be deemed to have diminished any other
5right of any counsel (or former counsel) to pursue an award and
6judgment for legal fees and costs on the basis of remedies that
7may otherwise exist under applicable law; and the limitations
8period for breach of contract shall apply. In an independent
9proceeding under subdivision (e)(1) in which the former counsel
10had represented a former client in a dissolution case that is
11still pending, the former client may bring in his or her spouse
12as a third-party defendant, provided on or before the final
13date for filing a petition (or praecipe) under subsection (c),
14the party files an appropriate third-party complaint under
15Section 2-406 of the Code of Civil Procedure. In any such case,
16any judgment later obtained by the former counsel shall be
17against both spouses or ex-spouses, jointly and severally
18(except that, if a hearing under subsection (j) of Section 503
19has already been concluded and the court hearing the
20contribution issue has imposed a percentage allocation between
21the parties as to fees and costs otherwise being adjudicated in
22the independent proceeding, the allocation shall be applied
23without deviation by the court in the independent proceeding
24and a separate judgment shall be entered against each spouse
25for the appropriate amount). After the period for the
26commencement of a proceeding under subsection (c), the



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1provisions of this Section (other than the standard set forth
2in subdivision (c)(3) and the terms respecting consent security
3arrangements in subsection (d) of this Section 508) shall be
5    The changes made by this amendatory Act of the 94th General
6Assembly are declarative of existing law.
7    (f) Unless the Supreme Court by rule addresses the matters
8set out in this subsection (f), a written engagement agreement
9within the scope of subdivision (c)(2) shall have appended to
10it verbatim the following Statement:
12    (1) WRITTEN ENGAGEMENT AGREEMENT. The written engagement
13agreement, prepared by the counsel, shall clearly address the
14objectives of representation and detail the fee arrangement,
15including all material terms. If fees are to be based on
16criteria apart from, or in addition to, hourly rates, such
17criteria (e.g., unique time demands and/or utilization of
18unique expertise) shall be delineated. The client shall receive
19a copy of the written engagement agreement and any additional
20clarification requested and is advised not to sign any such
21agreement which the client finds to be unsatisfactory or does
22not understand.
23    (2) REPRESENTATION. Representation will commence upon the
24signing of the written engagement agreement. The counsel will
25provide competent representation, which requires legal



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1knowledge, skill, thoroughness and preparation to handle those
2matters set forth in the written engagement agreement. Once
3employed, the counsel will act with reasonable diligence and
4promptness, as well as use his best efforts on behalf of the
5client, but he cannot guarantee results. The counsel will abide
6by the client's decision concerning the objectives of
7representation, including whether or not to accept an offer of
8settlement, and will endeavor to explain any matter to the
9extent reasonably necessary to permit the client to make
10informed decisions regarding representation. During the course
11of representation and afterwards, the counsel may not use or
12reveal a client's confidence or secrets, except as required or
13permitted by law.
14    (3) COMMUNICATION. The counsel will keep the client
15reasonably informed about the status of representation and will
16promptly respond to reasonable requests for information,
17including any reasonable request for an estimate respecting
18future costs of the representation or an appropriate portion of
19it. The client shall be truthful in all discussions with the
20counsel and provide all information or documentation required
21to enable the counsel to provide competent representation.
22During representation, the client is entitled to receive all
23pleadings and substantive documents prepared on behalf of the
24client and every document received from any other counsel of
25record. At the end of the representation and on written request
26from the client, the counsel will return to the client all



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1original documents and exhibits. In the event that the counsel
2withdraws from representation, or is discharged by the client,
3the counsel will turn over to the substituting counsel (or, if
4no substitutions, to the client) all original documents and
5exhibits together with complete copies of all pleadings and
6discovery within thirty (30) days of the counsel's withdrawal
7or discharge.
8    (4) ETHICAL CONDUCT. The counsel cannot be required to
9engage in conduct which is illegal, unethical, or fraudulent.
10In matters involving minor children, the counsel may refuse to
11engage in conduct which, in the counsel's professional
12judgment, would be contrary to the best interest of the
13client's minor child or children. A counsel who cannot
14ethically abide by his client's directions shall be allowed to
15withdraw from representation.
16    (5) FEES. The counsel's fee for services may not be
17contingent upon the securing of a dissolution of marriage or
18upon being allocated parental responsibility or be based upon
19the amount of maintenance, child support, or property
20settlement received, except as specifically permitted under
21Supreme Court rules. The counsel may not require a
22non-refundable retainer fee, but must remit back any
23overpayment at the end of the representation. The counsel may
24enter into a consensual security arrangement with the client
25whereby assets of the client are pledged to secure payment of
26legal fees or costs, but only if the counsel first obtains



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1approval of the Court. The counsel will prepare and provide the
2client with an itemized billing statement detailing hourly
3rates (and/or other criteria), time spent, tasks performed, and
4costs incurred on a regular basis, at least quarterly. The
5client should review each billing statement promptly and
6address any objection or error in a timely manner. The client
7will not be billed for time spent to explain or correct a
8billing statement. If an appropriately detailed written
9estimate is submitted to a client as to future costs for a
10counsel's representation or a portion of the contemplated
11services (i.e., relative to specific steps recommended by the
12counsel in the estimate) and, without objection from the
13client, the counsel then performs the contemplated services,
14all such services are presumptively reasonable and necessary,
15as well as to be deemed pursuant to the client's direction. In
16an appropriate case, the client may pursue contribution to his
17or her fees and costs from the other party.
18    (6) DISPUTES. The counsel-client relationship is regulated
19by the Illinois Rules of Professional Conduct (Article VIII of
20the Illinois Supreme Court Rules), and any dispute shall be
21reviewed under the terms of such Rules."
22    (g) The changes to this Section 508 made by this amendatory
23Act of 1996 apply to cases pending on or after June 1, 1997,
24except as follows:
25        (1) Subdivisions (c)(1) and (c)(2) of this Section 508,
26    as well as provisions of subdivision (c)(3) of this Section



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1    508 pertaining to written engagement agreements, apply
2    only to cases filed on or after June 1, 1997.
3        (2) The following do not apply in the case of a hearing
4    under this Section that began before June 1, 1997:
5            (A) Subsection (c-1) of Section 501.
6            (B) Subsection (j) of Section 503.
7            (C) The changes to this Section 508 made by this
8        amendatory Act of 1996 pertaining to the final setting
9        of fees.
10(Source: P.A. 99-90, eff. 1-1-16.)
11    (750 ILCS 5/513)  (from Ch. 40, par. 513)
12    Sec. 513. Educational Expenses for a Non-minor Child.
13    (a) The court may award sums of money out of the property
14and income of either or both parties or the estate of a
15deceased parent, as equity may require, for the educational
16expenses of any child of the parties. Unless otherwise agreed
17to by the parties, all educational expenses which are the
18subject of a petition brought pursuant to this Section shall be
19incurred no later than the student's 23rd birthday, except for
20good cause shown, but in no event later than the child's 25th
22    (b) Regardless of whether an award has been made under
23subsection (a), the court may require both parties and the
24child to complete the Free Application for Federal Student Aid
25(FAFSA) and other financial aid forms and to submit any form of



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1that type prior to the designated submission deadline for the
2form. The court may require either or both parties to provide
3funds for the child so as to pay for the cost of up to 5 college
4applications, the cost of 2 standardized college entrance
5examinations, and the cost of one standardized college entrance
6examination preparatory course.
7    (c) The authority under this Section to make provision for
8educational expenses extends not only to periods of college
9education or vocational or professional or other training after
10graduation from high school, but also to any period during
11which the child of the parties is still attending high school,
12even though he or she attained the age of 19.
13    (d) Educational expenses may include, but shall not be
14limited to, the following:
15        (1) except for good cause shown, the actual cost of the
16    child's post-secondary expenses, including tuition and
17    fees, provided that the cost for tuition and fees does not
18    exceed the amount of in-state tuition and fees paid by a
19    student at the University of Illinois at Urbana-Champaign
20    for the same academic year;
21        (2) except for good cause shown, the actual costs of
22    the child's housing expenses, whether on-campus or
23    off-campus, provided that the housing expenses do not
24    exceed the cost for the same academic year of a
25    double-occupancy student room, with a standard meal plan,
26    in a residence hall operated by the University of Illinois



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1    at Urbana-Champaign;
2        (3) the actual costs of the child's medical expenses,
3    including medical insurance, and dental expenses;
4        (4) the reasonable living expenses of the child during
5    the academic year and periods of recess:
6            (A) if the child is a resident student attending a
7        post-secondary educational program; or
8            (B) if the child is living with one party at that
9        party's home and attending a post-secondary
10        educational program as a non-resident student, in
11        which case the living expenses include an amount that
12        pays for the reasonable cost of the child's food,
13        utilities, and transportation; and
14        (5) the cost of books and other supplies necessary to
15    attend college.
16    (e) Sums may be ordered payable to the child, to either
17party, or to the educational institution, directly or through a
18special account or trust created for that purpose, as the court
19sees fit.
20    (f) If educational expenses are ordered payable, each party
21and the child shall sign any consent necessary for the
22educational institution to provide a supporting party with
23access to the child's academic transcripts, records, and grade
24reports. The consent shall not apply to any non-academic
25records. Failure to execute the required consent may be a basis
26for a modification or termination of any order entered under



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1this Section. Unless the court specifically finds that the
2child's safety would be jeopardized, each party is entitled to
3know the name of the educational institution the child attends.
4    (g) The authority under this Section to make provision for
5educational expenses terminates when the child either: fails to
6maintain a cumulative "C" grade point average, except in the
7event of illness or other good cause shown; attains the age of
823; receives a baccalaureate degree; or marries. A child's
9enlisting in the armed forces, being incarcerated, or becoming
10pregnant does not terminate the court's authority to make
11provisions for the educational expenses for the child under
12this Section.
13    (h) An account established prior to the dissolution that is
14to be used for the child's post-secondary education, that is an
15account in a state tuition program under Section 529 of the
16Internal Revenue Code, or that is some other college savings
17plan, is to be considered by the court to be a resource of the
18child, provided that any post-judgment contribution made by a
19party to such an account is to be considered a contribution
20from that party.
21    (i) The child is not a third party beneficiary to the
22settlement agreement or judgment between the parties after
23trial and is not entitled to file a petition for contribution.
24If the parties' settlement agreement describes the manner in
25which a child's educational expenses will be paid, or if the
26court makes an award pursuant to this Section, then the parties



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1are responsible pursuant to that agreement or award for the
2child's educational expenses, but in no event shall the court
3consider the child a third party beneficiary of that provision.
4In the event of the death or legal disability of a party who
5would have the right to file a petition for contribution, the
6child of the party may file a petition for contribution. a
7person with a mental or physical disability a person with a
8mental or physical disability
9    (j) In making awards under this Section, or pursuant to a
10petition or motion to decrease, modify, or terminate any such
11award, the court shall consider all relevant factors that
12appear reasonable and necessary, including:
13        (1) The present and future financial resources of both
14    parties to meet their needs, including, but not limited to,
15    savings for retirement.
16        (2) The standard of living the child would have enjoyed
17    had the marriage not been dissolved.
18        (3) The financial resources of the child.
19        (4) The child's academic performance.
20    (k) The establishment of an obligation to pay under this
21Section is retroactive only to the date of filing a petition.
22The right to enforce a prior obligation to pay may be enforced
23either before or after the obligation is incurred.
24(Source: P.A. 99-90, eff. 1-1-16; 99-143, eff. 7-27-15; revised



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1    (750 ILCS 5/600)
2    Sec. 600. Definitions. For purposes of this Part VI:
3    (a) "Abuse" has the meaning ascribed to that term in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5    (b) "Allocation judgment" means a judgment allocating
6parental responsibilities.
7    (c) "Caretaking functions" means tasks that involve
8interaction with a child or that direct, arrange, and supervise
9the interaction with and care of a child provided by others, or
10for obtaining the resources allowing for the provision of these
11functions. The term includes, but is not limited to, the
13        (1) satisfying a child's nutritional needs; managing a
14    child's bedtime and wake-up routines; caring for a child
15    when the child is sick or injured; being attentive to a
16    child's personal hygiene needs, including washing,
17    grooming, and dressing; playing with a child and ensuring
18    the child attends scheduled extracurricular activities;
19    protecting a child's physical safety; and providing
20    transportation for a child;
21        (2) directing a child's various developmental needs,
22    including the acquisition of motor and language skills,
23    toilet training, self-confidence, and maturation;
24        (3) providing discipline, giving instruction in
25    manners, assigning and supervising chores, and performing
26    other tasks that attend to a child's needs for behavioral



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1    control and self-restraint;
2        (4) ensuring the child attends school, including
3    remedial and special services appropriate to the child's
4    needs and interests, communicating with teachers and
5    counselors, and supervising homework;
6        (5) helping a child develop and maintain appropriate
7    interpersonal relationships with peers, siblings, and
8    other family members;
9        (6) ensuring the child attends medical appointments
10    and is available for medical follow-up and meeting the
11    medical needs of the child in the home;
12        (7) providing moral and ethical guidance for a child;
13    and
14        (8) arranging alternative care for a child by a family
15    member, babysitter, or other child care provider or
16    facility, including investigating such alternatives,
17    communicating with providers, and supervising such care.
18    (d) "Parental responsibilities" means both parenting time
19and significant decision-making responsibilities with respect
20to a child.
21    (e) "Parenting time" means the time during which a parent
22is responsible for exercising caretaking functions and
23non-significant decision-making responsibilities with respect
24to the child.
25    (f) "Parenting plan" means a written agreement that
26allocates significant decision-making responsibilities,



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1parenting time, or both.
2    (g) "Relocation" means:
3        (1) a change of residence from the child's current
4    primary residence located in the county of Cook, DuPage,
5    Kane, Lake, McHenry, or Will to a new residence within this
6    State that is more than 25 miles from the child's current
7    residence, as measured by an Internet mapping service;
8        (2) a change of residence from the child's current
9    primary residence located in a county not listed in
10    paragraph (1) to a new residence within this State that is
11    more than 50 miles from the child's current primary
12    residence, as measured by an Internet mapping service; or
13        (3) a change of residence from the child's current
14    primary residence to a residence outside the borders of
15    this State that is more than 25 miles from the current
16    primary residence, as measured by an Internet mapping
17    service.
18    (h) "Religious upbringing" means the choice of religion or
19denomination of a religion, religious schooling, religious
20training, or participation in religious customs or practices.
21    (i) "Restriction of parenting time" means any limitation or
22condition placed on parenting time, including supervision.
23    (j) "Right of first refusal" has the meaning provided in
24subsection (b) of Section 602.3 of this Act.
25    (k) "Significant decision-making" means deciding issues of
26long-term importance in the life of a child.



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1    (l) "Step-parent" means a person married to a child's
2parent, including a person married to the child's parent
3immediately prior to the parent's death.
4    (m) "Supervision" means the presence of a third party
5during a parent's exercise of parenting time.
6(Source: P.A. 99-90, eff. 1-1-16.)
7    (750 ILCS 5/602.9)
8    Sec. 602.9. Visitation by certain non-parents.
9    (a) As used in this Section:
10        (1) "electronic communication" means time that a
11    grandparent, great-grandparent, sibling, or step-parent
12    spends with a child during which the child is not in the
13    person's actual physical custody, but which is facilitated
14    by the use of communication tools such as the telephone,
15    electronic mail, instant messaging, video conferencing or
16    other wired or wireless technologies via the Internet, or
17    another medium of communication;
18        (2) "sibling" means a brother or sister either of the
19    whole blood or the half blood, stepbrother, or stepsister
20    of the minor child;
21        (3) "step-parent" means a person married to a child's
22    parent, including a person married to the child's parent
23    immediately prior to the parent's death; and
24        (4) "visitation" means in-person time spent between a
25    child and the child's grandparent, great-grandparent,



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1    sibling, step-parent, or any person designated under
2    subsection (d) of Section 602.7. In appropriate
3    circumstances, visitation may include electronic
4    communication under conditions and at times determined by
5    the court.
6    (b) General provisions.
7        (1) An appropriate person, as identified in subsection
8    (c) of this Section, may bring an action in circuit court
9    by petition, or by filing a petition in a pending
10    dissolution proceeding or any other proceeding that
11    involves parental responsibilities or visitation issues
12    regarding the child, requesting visitation with the child
13    pursuant to this Section. If there is not a pending
14    proceeding involving parental responsibilities or
15    visitation with the child, the petition for visitation with
16    the child must be filed in the county in which the child
17    resides. Notice of the petition shall be given as provided
18    in subsection (c) of Section 601.2 of this Act.
19        (2) This Section does not apply to a child:
20            (A) in whose interests a petition is pending under
21        Section 2-13 of the Juvenile Court Act of 1987; or
22            (B) in whose interests a petition to adopt by an
23        unrelated person is pending under the Adoption Act; or
24            (C) who has been voluntarily surrendered by the
25        parent or parents, except for a surrender to the
26        Department of Children and Family Services or a foster



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



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



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1    person or persons who adopted the child are related to the
2    child, as defined by Section 1 of the Adoption Act, any
3    person who was related to the child as grandparent,
4    great-grandparent, or sibling prior to the adoption shall
5    have standing to bring an action under this Section
6    requesting visitation with the child.
7        (7) The court may order visitation rights for the
8    grandparent, great-grandparent, sibling, or step-parent
9    that include reasonable access without requiring overnight
10    or possessory visitation.
11    (c) Visitation by grandparents, great-grandparents,
12step-parents, and siblings.
13        (1) Grandparents, great-grandparents, step-parents,
14    and siblings of a minor child who is one year old or older
15    may bring a petition for visitation and electronic
16    communication under this Section if there is an
17    unreasonable denial of visitation by a parent that causes
18    undue mental, physical, or emotional harm to the child and
19    if at least one of the following conditions exists:
20            (A) the child's other parent is deceased or has
21        been missing for at least 90 days. For the purposes of
22        this subsection a parent is considered to be missing if
23        the parent's location has not been determined and the
24        parent has been reported as missing to a law
25        enforcement agency; or
26            (B) a parent of the child is incompetent as a



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1        matter of law; or
2            (C) a parent has been incarcerated in jail or
3        prison for a period in excess of 90 days immediately
4        prior to the filing of the petition; or
5            (D) the child's parents have been granted a
6        dissolution of marriage or have been legally separated
7        from each other or there is pending a dissolution
8        proceeding involving a parent of the child or another
9        court proceeding involving parental responsibilities
10        or visitation of the child (other than an adoption
11        proceeding of an unrelated child, a proceeding under
12        Article II of the Juvenile Court Act of 1987, or an
13        action for an order of protection under the Illinois
14        Domestic Violence Act of 1986 or Article 112A of the
15        Code of Criminal Procedure of 1963) and at least one
16        parent does not object to the grandparent,
17        great-grandparent, step-parent, or sibling having
18        visitation with the child. The visitation of the
19        grandparent, great-grandparent, step-parent, or
20        sibling must not diminish the parenting time of the
21        parent who is not related to the grandparent,
22        great-grandparent, step-parent, or sibling seeking
23        visitation; or
24            (E) the child is born to parents who are not
25        married to each other, the parents are not living
26        together, and the petitioner is a grandparent,



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1        great-grandparent, step-parent, or sibling of the
2        child, and parentage has been established by a court of
3        competent jurisdiction.
4        (2) In addition to the factors set forth in subdivision
5    (b)(5) of this Section, the court should consider:
6            (A) whether the child resided with the petitioner
7        for at least 6 consecutive months with or without a
8        parent present;
9            (B) whether the child had frequent and regular
10        contact or visitation with the petitioner for at least
11        12 consecutive months; and
12            (C) whether the grandparent, great-grandparent,
13        sibling, or step-parent was a primary caretaker of the
14        child for a period of not less than 6 consecutive
15        months within the 24-month period immediately
16        preceding the commencement of the proceeding.
17        (3) An order granting visitation privileges under this
18    Section is subject to subsections (c) and (d) of Section
19    603.10.
20        (4) A petition for visitation privileges may not be
21    filed pursuant to this subsection (c) by the parents or
22    grandparents of a parent of the child if parentage between
23    the child and the related parent has not been legally
24    established.
25    (d) Modification of visitation orders.
26        (1) Unless by stipulation of the parties, no motion to



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1    modify a grandparent, great-grandparent, sibling, or
2    step-parent visitation order may be made earlier than 2
3    years after the date the order was filed, unless the court
4    permits it to be made on the basis of affidavits that there
5    is reason to believe the child's present environment may
6    endanger seriously the child's mental, physical, or
7    emotional health.
8        (2) The court shall not modify an order that grants
9    visitation to a grandparent, great-grandparent, sibling,
10    or step-parent unless it finds by clear and convincing
11    evidence, upon the basis of facts that have arisen since
12    the prior visitation order or that were unknown to the
13    court at the time of entry of the prior visitation order,
14    that a change has occurred in the circumstances of the
15    child or his or her parent, and that the modification is
16    necessary to protect the mental, physical, or emotional
17    health of the child. The court shall state in its decision
18    specific findings of fact in support of its modification or
19    termination of the grandparent, great-grandparent,
20    sibling, or step-parent visitation. A child's parent may
21    always petition to modify visitation upon changed
22    circumstances when necessary to promote the child's best
23    interests.
24        (3) Notice of a motion requesting modification of a
25    visitation order shall be provided as set forth in
26    subsection (c) of Section 601.2 of this Act.



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1        (4) Attorney's fees and costs shall be assessed against
2    a party seeking modification of the visitation order if the
3    court finds that the modification action is vexatious and
4    constitutes harassment.
5    (e) No child's grandparent, great-grandparent, sibling, or
6step-parent, or any person to whom the court is considering
7granting visitation privileges pursuant to subsection (d) of
8Section 602.7, who was convicted of any offense involving an
9illegal sex act perpetrated upon a victim less than 18 years of
10age including, but not limited to, offenses for violations of
11Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
12or Article 12 of the Criminal Code of 1961 or the Criminal Code
13of 2012, is entitled to visitation while incarcerated or while
14on parole, probation, conditional discharge, periodic
15imprisonment, or mandatory supervised release for that
16offense, and upon discharge from incarceration for a
17misdemeanor offense or upon discharge from parole, probation,
18conditional discharge, periodic imprisonment, or mandatory
19supervised release for a felony offense. Visitation shall be
20denied until the person successfully completes a treatment
21program approved by the court. Upon completion of treatment,
22the court may deny visitation based on the factors listed in
23subdivision (b)(5) of this Section 607 of this Act.
24    (f) 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, may be granted visitation if he or she has been
2convicted of first degree murder of a parent, grandparent,
3great-grandparent, or sibling of the child who is the subject
4of the visitation request. Pursuant to a motion to modify
5visitation, the court shall revoke visitation rights
6previously granted to any person who would otherwise be
7entitled to petition for visitation rights under this Section
8or granted visitation under subsection (d) of Section 602.7, if
9the person has been convicted of first degree murder of a
10parent, grandparent, great-grandparent, or sibling of the
11child who is the subject of the visitation order. Until an
12order is entered pursuant to this subsection, no person may
13visit, with the child present, a person who has been convicted
14of first degree murder of the parent, grandparent,
15great-grandparent, or sibling of the child without the consent
16of the child's parent, other than a parent convicted of first
17degree murder as set forth herein, or legal guardian.
18(Source: P.A. 99-90, eff. 1-1-16.)
19    (750 ILCS 5/602.10)
20    Sec. 602.10. Parenting plan.
21    (a) Filing of parenting plan. All parents, within 120 days
22after service or filing of any petition for allocation of
23parental responsibilities, must file with the court, either
24jointly or separately, a proposed parenting plan. The time
25period for filing a parenting plan may be extended by the court



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1for good cause shown. If no appearance has been filed by the
2respondent, no parenting plan is required unless ordered by the
4    (b) No parenting plan filed. In the absence of filing of
5one or more parenting plans, the court must conduct an
6evidentiary hearing to allocate parental responsibilities.
7    (c) Mediation. The court shall order mediation to assist
8the parents in formulating or modifying a parenting plan or in
9implementing a parenting plan unless the court determines that
10impediments to mediation exist. Costs under this subsection
11shall be allocated between the parties pursuant to the
12applicable statute or Supreme Court Rule.
13    (d) Parents' agreement on parenting plan. The parenting
14plan must be in writing and signed by both parents. The parents
15must submit the parenting plan to the court for approval within
16120 days after service of a petition for allocation of parental
17responsibilities or the filing of an appearance, except for
18good cause shown. Notwithstanding the provisions above, the
19parents may agree upon and submit a parenting plan at any time
20after the commencement of a proceeding until prior to the entry
21of a judgment of dissolution of marriage. The agreement is
22binding upon the court unless it finds, after considering the
23circumstances of the parties and any other relevant evidence
24produced by the parties, that the agreement is not in the best
25interests of the child unconscionable. If the court does not
26approve the parenting plan, the court shall make express



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1findings of the reason or reasons for its refusal to approve
2the plan. The court, on its own motion, may conduct an
3evidentiary hearing to determine whether the parenting plan is
4in the child's best interests.
5    (e) Parents cannot agree on parenting plan. When parents
6fail to submit an agreed parenting plan, each parent must file
7and submit a written, signed parenting plan to the court within
8120 days after the filing of an appearance, except for good
9cause shown. The court's determination of parenting time should
10be based on the child's best interests. The filing of the plan
11may be excused by the court if:
12        (1) the parties have commenced mediation for the
13    purpose of formulating a parenting plan; or
14        (2) the parents have agreed in writing to extend the
15    time for filing a proposed plan and the court has approved
16    such an extension; or
17        (3) the court orders otherwise for good cause shown.
18    (f) Parenting plan contents. At a minimum, a parenting plan
19must set forth the following:
20        (1) an allocation of significant decision-making
21    responsibilities;
22        (2) provisions for the child's living arrangements and
23    for each parent's parenting time, including either:
24            (A) a schedule that designates in which parent's
25        home the minor child will reside on given days; or
26            (B) a formula or method for determining such a



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1        schedule in sufficient detail to be enforced in a
2        subsequent proceeding;
3        (3) a mediation provision addressing any proposed
4    reallocation of parenting time or regarding the terms of
5    allocation of parental responsibilities, except that this
6    provision is not required if one parent is allocated all
7    significant decision-making responsibilities;
8        (4) each parent's right of access to medical, dental,
9    and psychological records (subject to the Mental Health and
10    Developmental Disabilities Confidentiality Act), child
11    care records, and school and extracurricular records,
12    reports, and schedules, unless expressly denied by a court
13    order or denied under Section 602.11 subsection (g) of
14    Section 602.5;
15        (5) a designation of the parent who will be denominated
16    as the parent with the majority of parenting time for
17    purposes of Section 606.10;
18        (6) the child's residential address for school
19    enrollment purposes only;
20        (7) each parent's residence address and phone number,
21    and each parent's place of employment and employment
22    address and phone number;
23        (8) a requirement that a parent changing his or her
24    residence provide at least 60 days prior written notice of
25    the change to any other parent under the parenting plan or
26    allocation judgment, unless such notice is impracticable



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1    or unless otherwise ordered by the court. If such notice is
2    impracticable, written notice shall be given at the
3    earliest date practicable. At a minimum, the notice shall
4    set forth the following:
5            (A) the intended date of the change of residence;
6        and
7            (B) the address of the new residence;
8        (9) provisions requiring each parent to notify the
9    other of emergencies, health care, travel plans, or other
10    significant child-related issues;
11        (10) transportation arrangements between the parents;
12        (11) provisions for communications, including
13    electronic communications, with the child during the other
14    parent's parenting time;
15        (12) provisions for resolving issues arising from a
16    parent's future relocation, if applicable;
17        (13) provisions for future modifications of the
18    parenting plan, if specified events occur;
19        (14) provisions for the exercise of the right of first
20    refusal, if so desired, that are consistent with the best
21    interests of the minor child; provisions in the plan for
22    the exercise of the right of first refusal must include:
23            (i) the length and kind of child-care requirements
24        invoking the right of first refusal;
25            (ii) notification to the other parent and for his
26        or her response;



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1            (iii) transportation requirements; and
2            (iv) any other provision related to the exercise of
3        the right of first refusal necessary to protect and
4        promote the best interests of the minor child; and
5        (15) any other provision that addresses the child's
6    best interests or that will otherwise facilitate
7    cooperation between the parents.
8    The personal information under items (6), (7), and (8) of
9this subsection is not required if there is evidence of or the
10parenting plan states that there is a history of domestic
11violence or abuse, or it is shown that the release of the
12information is not in the child's or parent's best interests.
13    (g) The court shall conduct a trial or hearing to determine
14a plan which maximizes the child's relationship and access to
15both parents and shall ensure that the access and the overall
16plan are in the best interests of the child. The court shall
17take the parenting plans into consideration when determining
18parenting time and responsibilities at trial or hearing.
19    (h) The court may consider, consistent with the best
20interests of the child as defined in Section 602.7 of this Act,
21whether to award to one or both of the parties the right of
22first refusal in accordance with Section 602.3 of this Act.
23(Source: P.A. 99-90, eff. 1-1-16.)
24    (750 ILCS 5/602.11)
25    Sec. 602.11. Access to health care, child care, and school



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1records by parents.
2    (a) Notwithstanding any other provision of law, access to
3records and information pertaining to a child including, but
4not limited to, medical, dental, child care, and school records
5shall not be denied to a parent for the reason that such parent
6has not been allocated parental responsibility; however, no
7parent shall have access to the school records of a child if
8the parent is prohibited by an order of protection from
9inspecting or obtaining such records pursuant to the Domestic
10Violence Act of 1986 or the Code of Criminal Procedure of 1963.
11A parent who is not allocated parenting time (not denied
12parental responsibility) is not entitled to access to the
13child's school or health care records unless a court finds that
14it is in the child's best interests to provide those records to
15the parent.
16    (b) Health care professionals and health care providers
17shall grant access to health care records and information
18pertaining to a child to both parents, unless the health care
19professional or health care provider receives a court order or
20judgment that denies access to a specific individual. Except as
21may be provided by court order, no parent who is a named
22respondent in an order of protection issued pursuant to the
23Illinois Domestic Violence Act of 1986 or the Code of Criminal
24Procedure of 1963 shall have access to the health care records
25of a child who is a protected person under the order of
26protection provided the health care professional or health care



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1provider has received a copy of the order of protection. Access
2to health care records is denied under this Section for as long
3as the order of protection remains in effect as specified in
4the order of protection or as otherwise determined by court
6(Source: P.A. 99-90, eff. 1-1-16.)
7    (750 ILCS 5/604.10)
8    Sec. 604.10. Interviews; evaluations; investigation.
9    (a) Court's interview of child. The court may interview the
10child in chambers to ascertain the child's wishes as to the
11allocation of parental responsibilities. Counsel shall be
12present at the interview unless otherwise agreed upon by the
13parties. The entire interview shall be recorded by a court
14reporter. The transcript of the interview shall be filed under
15seal and released only upon order of the court. The cost of the
16court reporter and transcript shall be paid by the court.
17    (b) Court's professional. The court may seek the advice of
18any professional, whether or not regularly employed by the
19court, to assist the court in determining the child's best
20interests. The advice to the court shall be in writing and sent
21by the professional to counsel for the parties and to the court
22not later than 60 days before the date on which the trial court
23reasonably anticipates the hearing on the allocation of
24parental responsibilities will commence. The court may review
25the writing upon receipt , under seal. The writing may be



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1admitted into evidence without testimony from its author,
2unless a party objects. A professional consulted by the court
3shall testify as the court's witness and be subject to
4cross-examination. The court shall order all costs and fees of
5the professional to be paid by one or more of the parties,
6subject to reallocation in accordance with subsection (a) of
7Section 508.
8    The professional's report must, at a minimum, set forth the
10        (1) a description of the procedures employed during the
11    evaluation;
12        (2) a report of the data collected;
13        (3) all test results;
14        (4) any conclusions of the professional relating to the
15    allocation of parental responsibilities under Sections
16    602.5 and 602.7;
17        (5) any recommendations of the professional concerning
18    the allocation of parental responsibilities or the child's
19    relocation; and
20        (6) an explanation of any limitations in the evaluation
21    or any reservations of the professional regarding the
22    resulting recommendations.
23    The professional shall send his or her report to all
24attorneys of record, and to any party not represented, at least
2560 days before the hearing on the allocation of parental
26responsibilities. The court shall examine and consider the



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1professional's report only after it has been admitted into
2evidence or after the parties have waived their right to
3cross-examine the professional.
4    (c) Evaluation by a party's retained professional. In a
5proceeding to allocate parental responsibilities or to
6relocate a child, upon notice and motion made by a parent or
7any party to the litigation within a reasonable time before
8trial, the court shall order an evaluation to assist the court
9in determining the child's best interests unless the court
10finds that an evaluation under this Section is untimely or not
11in the best interests of the child. The evaluation may be in
12place of or in addition to any advice given to the court by a
13professional under subsection (b). A motion for an evaluation
14under this subsection must, at a minimum, identify the proposed
15evaluator and the evaluator's specialty or discipline. An order
16for an evaluation under this subsection must set forth the
17evaluator's name, address, and telephone number and the time,
18place, conditions, and scope of the evaluation. No person shall
19be required to travel an unreasonable distance for the
20evaluation. The party requesting the evaluation shall pay the
21evaluator's fees and costs unless otherwise ordered by the
23    The evaluator's report must, at a minimum, set forth the
25        (1) a description of the procedures employed during the
26    evaluation;



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1        (2) a report of the data collected;
2        (3) all test results;
3        (4) any conclusions of the evaluator relating to the
4    allocation of parental responsibilities under Sections
5    602.5 and 602.7;
6        (5) any recommendations of the evaluator concerning
7    the allocation of parental responsibilities or the child's
8    relocation; and
9        (6) an explanation of any limitations in the evaluation
10    or any reservations of the evaluator regarding the
11    resulting recommendations.
12    A party who retains a professional to conduct an evaluation
13under this subsection shall cause the evaluator's written
14report to be sent to the attorneys of record no less than 60
15days before the hearing on the allocation of parental
16responsibilities, unless otherwise ordered by the court; if a
17party fails to comply with this provision, the court may not
18admit the evaluator's report into evidence and may not allow
19the evaluator to testify.
20    The party calling an evaluator to testify at trial shall
21disclose the evaluator as a controlled expert witness in
22accordance with the Supreme Court Rules.
23    Any party to the litigation may call the evaluator as a
24witness. That party shall pay the evaluator's fees and costs
25for testifying, unless otherwise ordered by the court.
26    (d) Investigation. Upon notice and a motion by a parent or



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1any party to the litigation, or upon the court's own motion,
2the court may order an investigation and report to assist the
3court in allocating parental responsibilities. The
4investigation may be made by any agency, private entity, or
5individual deemed appropriate by the court. The agency, private
6entity, or individual appointed by the court must have
7expertise in the area of allocation of parental
8responsibilities. The court shall specify the purpose and scope
9of the investigation.
10    The investigator's report must, at a minimum, set forth the
12        (1) a description of the procedures employed during the
13    investigation;
14        (2) a report of the data collected;
15        (3) all test results;
16        (4) any conclusions of the investigator relating to the
17    allocation of parental responsibilities under Sections
18    602.5 and 602.7;
19        (5) any recommendations of the investigator concerning
20    the allocation of parental responsibilities or the child's
21    relocation; and
22        (6) an explanation of any limitations in the
23    investigation or any reservations of the investigator
24    regarding the resulting recommendations.
25    The investigator shall send his or her report to all
26attorneys of record, and to any party not represented, at least



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160 days before the hearing on the allocation of parental
2responsibilities. The court shall examine and consider the
3investigator's report only after it has been admitted into
4evidence or after the parties have waived their right to
5cross-examine the investigator.
6    The investigator shall make available to all attorneys of
7record, and to any party not represented, the investigator's
8file, and the names and addresses of all persons whom the
9investigator has consulted, except that if such disclosure
10would risk abuse to the party or any member of the party's
11immediate family or household or reveal the confidential
12address of a shelter for domestic violence victims, that
13address may be omitted from the report. Any party to the
14proceeding may call the investigator, or any person consulted
15by the investigator as a court's witness, for
16cross-examination. No fees shall be paid for any investigation
17by a governmental agency. The fees incurred by any other
18investigator shall be allocated in accordance with Section 508.
19(Source: P.A. 99-90, eff. 1-1-16.)
20    (750 ILCS 5/606.5)
21    Sec. 606.5. Hearings.
22    (a) Proceedings to allocate parental responsibilities
23shall receive priority in being set for hearing.
24    (a-5) The court may tax as costs the payment of necessary
25travel and other expenses incurred by any person whose presence



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1at the hearing the court deems necessary to determine the best
2interest of the child.
3    (b) The court, without a jury, shall determine questions of
4law and fact.
5    (c) Previous statements made by the child relating to any
6allegations that the child is an abused or neglected child
7within the meaning of the Abused and Neglected Child Reporting
8Act, or an abused or neglected minor within the meaning of the
9Juvenile Court Act of 1987, shall be admissible in evidence in
10a hearing concerning allocation of parental responsibilities
11in accordance with Section 11.1 of the Abused and Neglected
12Child Reporting Act. No such statement, however, if
13uncorroborated and not subject to cross-examination, shall be
14sufficient in itself to support a finding of abuse or neglect.
15    (d) If the court finds that a public hearing may be
16detrimental to the child's best interests, the court shall
17exclude the public from the hearing, but the court may admit
18any person having:
19        (1) a direct and legitimate interest in the case; or
20        (2) a legitimate educational or research interest in
21    the work of the court, but only with the permission of both
22    parties and subject to court approval.
23    (e) The court may make an appropriate order sealing the
24records of any interview, report, investigation, or testimony.
25(Source: P.A. 99-90, eff. 1-1-16.)



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1    (750 ILCS 5/607.5)
2    Sec. 607.5. Abuse of allocated parenting time.
3    (a) The court shall provide an expedited procedure for the
4enforcement of allocated parenting time.
5    (b) An action for the enforcement of allocated parenting
6time may be commenced by a parent or a person appointed under
7Section 506 by filing a petition setting forth: (i) the
8petitioner's name and residence address or mailing address,
9except that if the petition states that disclosure of
10petitioner's address would risk abuse of petitioner or any
11member of petitioner's family or household or reveal the
12confidential address of a shelter for domestic violence
13victims, that address may be omitted from the petition; (ii)
14the respondent's name and place of residence, place of
15employment, or mailing address; (iii) the terms of the
16parenting plan or allocation judgment then in effect; (iv) the
17nature of the violation of the allocation of parenting time,
18giving dates and other relevant information; and (v) that a
19reasonable attempt was made to resolve the dispute.
20    (c) If the court finds by a preponderance of the evidence
21that a parent has not complied with allocated parenting time
22according to an approved parenting plan or a court order, the
23court, in the child's best interests, shall issue an order that
24may include one or more of the following:
25        (1) an imposition of additional terms and conditions
26    consistent with the court's previous allocation of



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1    parenting time or other order;
2        (2) a requirement that either or both of the parties
3    attend a parental education program at the expense of the
4    non-complying parent;
5        (3) upon consideration of all relevant factors,
6    particularly a history or possibility of domestic
7    violence, a requirement that the parties participate in
8    family or individual counseling, the expense of which shall
9    be allocated by the court; if counseling is ordered, all
10    counseling sessions shall be confidential, and the
11    communications in counseling shall not be used in any
12    manner in litigation nor relied upon by an expert appointed
13    by the court or retained by any party;
14        (4) a requirement that the non-complying parent post a
15    cash bond or other security to ensure future compliance,
16    including a provision that the bond or other security may
17    be forfeited to the other parent for payment of expenses on
18    behalf of the child as the court shall direct;
19        (5) a requirement that makeup parenting time be
20    provided for the aggrieved parent or child under the
21    following conditions:
22            (A) that the parenting time is of the same type and
23        duration as the parenting time that was denied,
24        including but not limited to parenting time during
25        weekends, on holidays, and on weekdays and during times
26        when the child is not in school;



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1            (B) that the parenting time is made up within 6
2        months after the noncompliance occurs, unless the
3        period of time or holiday cannot be made up within 6
4        months, in which case the parenting time shall be made
5        up within one year after the noncompliance occurs;
6        (6) a finding that the non-complying parent is in
7    contempt of court;
8        (7) an imposition on the non-complying parent of an
9    appropriate civil fine per incident of denied parenting
10    time;
11        (8) a requirement that the non-complying parent
12    reimburse the other parent for all reasonable expenses
13    incurred as a result of the violation of the parenting plan
14    or court order; and
15        (9) any other provision that may promote the child's
16    best interests.
17    (d) In addition to any other order entered under subsection
18(c), except for good cause shown, the court shall order a
19parent who has failed to provide allocated parenting time or to
20exercise allocated parenting time to pay the aggrieved party
21his or her reasonable attorney's fees, court costs, and
22expenses associated with an action brought under this Section.
23If the court finds that the respondent in an action brought
24under this Section has not violated the allocated parenting
25time, the court may order the petitioner to pay the
26respondent's reasonable attorney's fees, court costs, and



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1expenses incurred in the action.
2    (e) Nothing in this Section precludes a party from
3maintaining any other action as provided by law.
4    (f) When the court issues an order holding a party in
5contempt for violation of a parenting time order and finds that
6the party engaged in parenting time abuse, the court may order
7one or more of the following:
8        (1) Suspension of a party's Illinois driving
9    privileges pursuant to Section 7-703 of the Illinois
10    Vehicle Code until the court determines that the party is
11    in compliance with the parenting time order. The court may
12    also order that a party be issued a family financial
13    responsibility driving permit that would allow limited
14    driving privileges for employment, for medical purposes,
15    and to transport a child to or from scheduled parenting
16    time in order to comply with a parenting time order in
17    accordance with subsection (a-1) of Section 7-702.1 of the
18    Illinois Vehicle Code.
19        (2) Placement of a party on probation with such
20    conditions of probation as the court deems advisable.
21        (3) Sentencing of a party to periodic imprisonment for
22    a period not to exceed 6 months; provided, that the court
23    may permit the party to be released for periods of time
24    during the day or night to:
25            (A) work; or
26            (B) conduct a business or other self-employed



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1        occupation.
2        (4) Find that a party in engaging in parenting time
3    abuse is guilty of a petty offense and should be fined an
4    amount of no more than $500 for each finding of parenting
5    time abuse.
6    (g) When the court issues an order holding a party in
7contempt of court for violation of a parenting order, the clerk
8shall transmit a copy of the contempt order to the sheriff of
9the county. The sheriff shall furnish a copy of each contempt
10order to the Department of State Police on a daily basis in the
11form and manner required by the Department. The Department
12shall maintain a complete record and index of the contempt
13orders and make this data available to all local law
14enforcement agencies.
15    (h) Nothing contained in this Section shall be construed to
16limit the court's contempt power.
17(Source: P.A. 99-90, eff. 1-1-16.)
18    (750 ILCS 5/607.6 new)
19    Sec. 607.6. Counseling.
20    (a) The court may order individual counseling for the
21child, family counseling for one or more of the parties and the
22child, or parental education for one or more of the parties, if
23it finds one or more of the following:
24        (1) both parents or all parties agree to the order;
25        (2) the child's physical health is endangered or that



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1    the child's emotional development is impaired;
2        (3) abuse of allocated parenting time under Section
3    607.5 has occurred; or
4        (4) one or both of the parties have violated the
5    allocation judgment with regard to conduct affecting or in
6    the presence of the child.
7    (b) The court may apportion the costs of counseling between
8the parties as appropriate.
9    (c) The remedies provided in this Section are in addition
10to, and do not diminish or abridge in any way, the court's
11power to exercise its authority through contempt or other
13    (d) All counseling sessions shall be confidential. The
14communications in counseling shall not be used in any manner in
15litigation nor relied upon by any expert appointed by the court
16or retained by any party.
17    (750 ILCS 5/610.5)
18    Sec. 610.5. Modification.
19    (a) Unless by stipulation of the parties or except as
20provided in subsection (b) of this Section or Section 603.10 of
21this Act, no motion to modify an order allocating parental
22decision-making responsibilities, not including parenting
23time, may be made earlier than 2 years after its date, unless
24the court permits it to be made on the basis of affidavits that
25there is reason to believe the child's present environment may



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1endanger seriously his or her mental, moral, or physical health
2or significantly impair the child's emotional development.
3Parenting time may be modified at any time, without a showing
4of serious endangerment, upon a showing of changed
5circumstances that necessitates modification to serve the best
6interests of the child.
7    (b) (Blank). A motion to modify an order allocating
8parental responsibilities may be made at any time by a party
9who has been informed of the existence of facts requiring
10notice to be given under Section 609.5 of this Act.
11    (c) Except in a case concerning the modification of any
12restriction of parental responsibilities under Section 603.10,
13the court shall modify a parenting plan or allocation judgment
14when necessary to serve the child's best interests if the court
15finds, by a preponderance of the evidence, that on the basis of
16facts that have arisen since the entry of the existing
17parenting plan or allocation judgment or were not anticipated
18therein, a substantial change has occurred in the circumstances
19of the child or of either parent and that a modification is
20necessary to serve the child's best interests.
21    (d) The court shall modify a parenting plan or allocation
22judgment in accordance with a parental agreement, unless it
23finds that the modification is not in the child's best
25    (e) The court may modify a parenting plan or allocation
26judgment without a showing of changed circumstances if (i) the



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1modification is in the child's best interests; and (ii) any of
2the following are proven as to the modification:
3        (1) the modification reflects the actual arrangement
4    under which the child has been receiving care, without
5    parental objection, for the 6 months preceding the filing
6    of the petition for modification, provided that the
7    arrangement is not the result of a parent's acquiescence
8    resulting from circumstances that negated the parent's
9    ability to give meaningful consent;
10        (2) the modification constitutes a minor modification
11    in the parenting plan or allocation judgment;
12        (3) the modification is necessary to modify an agreed
13    parenting plan or allocation judgment that the court would
14    not have ordered or approved under Section 602.5 or 602.7
15    had the court been aware of the circumstances at the time
16    of the order or approval; or
17        (4) the parties agree to the modification.
18    (f) Attorney's fees and costs shall be assessed against a
19party seeking modification if the court finds that the
20modification action is vexatious or constitutes harassment. If
21the court finds that a parent has repeatedly filed frivolous
22motions for modification, the court may bar the parent from
23filing a motion for modification for a period of time.
24(Source: P.A. 99-90, eff. 1-1-16.)
25    Section 10. The Illinois Parentage Act of 2015 is amended



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1by changing Section 103 and the heading of Article 7 and by
2adding Sections 701, 702, 703, 704, 705, 706, 707, 708, and 709
3as follows:
4    (750 ILCS 46/103)
5    Sec. 103. Definitions. In this Act:
6    (a) "Acknowledged father" means a man who has established a
7father-child relationship under Article 3.
8    (b) "Adjudicated father" means a man who has been
9adjudicated by a court of competent jurisdiction, or as
10authorized under Article X of the Illinois Public Aid Code, to
11be the father of a child.
12    (c) "Alleged father" means a man who alleges himself to be,
13or is alleged to be, the biological father or a possible
14biological father of a child, but whose paternity has not been
15established. The term does not include:
16        (1) a presumed parent or acknowledged father; or
17        (2) a man whose parental rights have been terminated or
18    declared not to exist.
19    (d) "Assisted reproduction" means a method of achieving a
20pregnancy though an artificial insemination or an embryo
21transfer and includes gamete and embryo donation. "Assisted
22reproduction" does not include any pregnancy achieved through
23sexual intercourse (Reserved).
24    (e) "Child" means an individual of any age whose parentage
25may be established under this Act.



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1    (f) "Combined paternity index" means the likelihood of
2paternity calculated by computing the ratio between:
3        (1) the likelihood that the tested man is the father,
4    based on the genetic markers of the tested man, mother, and
5    child, conditioned on the hypothesis that the tested man is
6    the father of the child; and
7        (2) the likelihood that the tested man is not the
8    father, based on the genetic markers of the tested man,
9    mother, and child, conditioned on the hypothesis that the
10    tested man is not the father of the child and that the
11    father is of the same ethnic or racial group as the tested
12    man.
13    (g) "Commence" means to file the initial pleading seeking
14an adjudication of parentage in the circuit court of this
16    (h) "Determination of parentage" means the establishment
17of the parent-child relationship by the signing of a voluntary
18acknowledgment under Article 3 of this Act or adjudication by
19the court or as authorized under Article X of the Illinois
20Public Aid Code.
21    (i) "Donor" means an individual who participates in an
22assisted reproductive technology arrangement by providing
23gametes and relinquishes all rights and responsibilities to the
24gametes so that another individual or individuals may become
25the legal parent or parents of any resulting child. "Donor"
26does not include a spouse in any assisted reproductive



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1technology arrangement in which his or her spouse will parent
2any resulting child (Reserved).
3    (j) "Ethnic or racial group" means, for purposes of genetic
4testing, a recognized group that an individual identifies as
5all or part of the individual's ancestry or that is so
6identified by other information.
7    (k) "Gamete" means either a sperm or an egg.
8    (l) "Genetic testing" means an analysis of genetic markers
9to exclude or identify a man as the father or a woman as the
10mother of a child as provided in Article 4 of this Act.
11    (m) "Gestational mother" means an adult woman who gives
12birth to a child pursuant to the terms of a valid gestational
13surrogacy contract.
14    (n) "Parent" means an individual who has established a
15parent-child relationship under Section 201 of this Act.
16    (o) "Parent-child relationship" means the legal
17relationship between a child and a parent of the child.
18    (p) "Presumed parent" means an individual who, by operation
19of law under Section 204 of this Act, is recognized as the
20parent of a child until that status is rebutted or confirmed in
21a judicial or administrative proceeding.
22    (q) "Probability of paternity" means the measure, for the
23ethnic or racial group to which the alleged father belongs, of
24the probability that the man in question is the father of the
25child, compared with a random, unrelated man of the same ethnic
26or racial group, expressed as a percentage incorporating the



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1combined paternity index and a prior probability.
2    (r) "Record" means information that is inscribed on a
3tangible medium or that is stored in an electronic or other
4medium and is retrievable in perceivable form.
5    (s) "Signatory" means an individual who authenticates a
6record and is bound by its terms.
7    (t) "State" means a state of the United States, the
8District of Columbia, Puerto Rico, the United States Virgin
9Islands, or any territory or insular possession subject to the
10jurisdiction of the United States.
11    (u) "Substantially similar legal relationship" means a
12relationship recognized in this State under Section 60 of the
13Illinois Religious Freedom Protection and Civil Union Act.
14    (v) "Support-enforcement agency" means a public official
15or agency authorized to seek:
16        (1) enforcement of support orders or laws relating to
17    the duty of support;
18        (2) establishment or modification of child support;
19        (3) determination of parentage; or
20        (4) location of child-support obligors and their
21    income and assets.
22(Source: P.A. 99-85, eff. 1-1-16.)
23    (750 ILCS 46/Art. 7 heading)
25(Source: P.A. 99-85, eff. 1-1-16.)



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1    (750 ILCS 46/701 new)
2    Sec. 701. Scope of Article. Except as described in this
3Article, this Article does not apply to the birth of a child
4conceived by means of sexual intercourse or a child born as a
5result of a valid gestational surrogacy arrangement meeting the
6requirements of the Gestational Surrogacy Act.
7    (750 ILCS 46/702 new)
8    Sec. 702. Parental status of donor. Except as provided in
9this Act, a donor is not a parent of a child conceived by means
10of assisted reproduction.
11    (750 ILCS 46/703 new)
12    Sec. 703. Parentage of child of assisted reproduction.
13    (a) Any individual who is an intended parent as defined by
14this Act is the legal parent of any resulting child. If the
15donor and the intended parent have been represented by
16independent counsel and entered into a written legal agreement
17in which the donor relinquishes all rights and responsibilities
18to any resulting child, the intended parent is the parent of
19the child. An agreement under this subsection shall be entered
20into prior to any insemination or embryo transfer.
21    (b) If a person makes an anonymous gamete donation without
22a designated intended parent at the time of the gamete
23donation, the intended parent is the parent of any resulting



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1child if the anonymous donor relinquished his or her parental
2rights in writing at the time of donation. The written
3relinquishment shall be directed to the entity to which the
4donor donated his or her gametes.
5    (c) An intended parent may seek a court order confirming
6the existence of a parent-child relationship prior to or after
7the birth of a child based on compliance with subsection (a) or
8(b) of this Section.
9    (d) If the requirements of subsection (a) of this Section
10are not met, or subsection (b) of this Section is found by a
11court to be inapplicable, a court of competent jurisdiction
12shall determine parentage based on evidence of the parties'
13intent at the time of donation.
14    (750 ILCS 46/704 new)
15    Sec. 704. Withdrawal of consent of intended parent or
16donor. An intended parent or donor may withdraw consent to use
17his or her gametes in a writing or legal pleading with notice
18to the other participants. An intended parent who withdraws
19consent under this Section prior to the insemination or embryo
20transfer is not a parent of any resulting child. If a donor
21withdraws consent to his or her donation prior to the
22insemination or the combination of gametes, the intended parent
23is not the parent of any resulting child.
24    (750 ILCS 46/705 new)



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1    Sec. 705. Parental status of deceased individual. If an
2individual consents in a writing to be a parent of any child
3born of his or her gametes posthumously, and dies before the
4insemination of the individual's gametes or embryo transfer,
5the deceased individual is a parent of any resulting child born
6within 36 months of the death of the deceased individual.
7    (750 ILCS 46/706 new)
8    Sec. 706. Inheritance rights of posthumous child.
9Notwithstanding Section 705, the rights of a posthumous child
10to an inheritance or to property under an instrument shall be
11governed by the provisions of the Probate Act of 1975.
12    (750 ILCS 46/707 new)
13    Sec. 707. Burden of proof. Parentage established under
14Section 703, a withdrawal of consent under Section 704, or a
15proceeding to declare the non-existence of the parent-child
16relationship under Section 708 of this Act must be proven by
17clear and convincing evidence.
18    (750 ILCS 46/708 new)
19    Sec. 708. Limitation on proceedings to declare the
20non-existence of the parent-child relationship. An action to
21declare the non-existence of the parent-child relationship
22under this Article shall be barred if brought more than 2 years
23following the birth of the child.



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1    (750 ILCS 46/709 new)
2    Sec. 709. Establishment of parentage; requirements of
3Gestational Surrogacy Act.
4    (a) In the event of gestational surrogacy, in addition to
5the requirements of the Gestational Surrogacy Act, a
6parent-child relationship is established between a person and a
7child if all of the following conditions are met prior to the
8birth of the child:
9        (1) The gestational surrogate certifies that she did
10    not provide a gamete for the child, and that she is
11    carrying the child for the intended parents.
12        (2) The spouse, if any, of the gestational surrogate
13    certifies that he or she did not provide a gamete for the
14    child.
15        (3) Each intended parent certifies that the child being
16    carried by the gestational surrogate was conceived using at
17    least one of the intended parents' gametes.
18        (4) A physician certifies that the child being carried
19    by the gestational surrogate was conceived using the gamete
20    or gametes of at least one of the intended parents, and
21    that neither the gestational surrogate nor the gestational
22    surrogate's spouse, if any, provided gametes for the child
23    being carried by the gestational surrogate.
24        (5) The attorneys for the intended parents and the
25    gestational surrogate each certify that the parties



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1    entered into a gestational surrogacy agreement intended to
2    satisfy the requirements of the Gestational Surrogacy Act.
3    (b) All certifications under this Section shall be in
4writing and witnessed by 2 competent adults who are not the
5gestational surrogate, gestational surrogate's spouse, if any,
6or an intended parent. Certifications shall be on forms
7prescribed by the Illinois Department of Public Health and
8shall be executed prior to the birth of the child. All
9certifications shall be provided, prior to the birth of the
10child, to both the hospital where the gestational surrogate
11anticipates the delivery will occur and to the Illinois
12Department of Public Health.
13    (c) Parentage established in accordance with this Section
14has the full force and effect of a judgment entered under this
16    (d) The Illinois Department of Public Health shall adopt
17rules to implement this Section.
18    (750 ILCS 40/Act rep.)
19    Section 15. The Illinois Parentage Act is repealed.".