Posted by DivorceLine in Illinois Divorce Procedures
Complete overview of Illinois divorce laws for people considering an Illinois divorce or filing an Illinois divorce with issues to be resolved about child custody, child support, visitation and alimony.
Illinois Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in Illinois, you must make sure the Circuit Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Illinois residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
The court shall enter a judgment of dissolution of marriage as long as one of the spouses was a resident of this State or was stationed in this State while a member of the armed services, and the residence or military presence had been maintained for 90 days prior to filing. The proceedings shall be had in the county where the plaintiff or defendant resides.
(750 Illinois Compiled Statutes – Chapter 5 – Sections: 104 and 401)
Illinois Grounds for Divorce
The Petition for Dissolution of Marriage is the initial document filed with the Illinois court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.
The grounds for dissolution of marriage are as follows:
No-Fault Based Grounds:
Living separate and apart for a continuous period of at least two years and irreconcilable differences are deemed to have caused the irretrievable breakdown of the marriage.
Fault Based Grounds:
a) Impotence; b) Previosly married and never divorced; c) Adultery; d) the respondent has wilfully deserted or absented himself or herself from the petitioner for the space of one year, including any period during which litigation may have pended between the spouses for dissolution of marriage or legal separation; e) Habitual drunkenness for at least two years; f) Drug addiction for at least two years; g) Repeated and extreme physical or mental cruelty; h) Felony conviction or imprisionment; i) Infection with a sexually transmitted disease.
(750 Illinois Compiled Statutes – Chapter 5 – Sections: 401)
Illinois Uncontested Divorce
This information is an overview of the uncontested Illinois divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Illinois.
“The Illinois Marriage and Dissolution of Marriage Act,” 750 ILCS 4/401 et Seq., guides the divorce process in Illinois.
In Illinois the term irreconcilable differences describes what other jurisdictions call No-Fault divorce. It means that ” … differences have caused an irretrievable breakdown in the marriage, that past efforts at reconciliation have failed, that future efforts at reconciliation would be impractical and not in the best interests of the family.” Divorce is also granted on seven major fault grounds: mental cruelty, adultery, alienation of affection, physical cruelty, drug addiction or drunkenness, infection of a sexually transmitted disease and conviction of a felony.
In Illinois, as in other states, both No-Fault and Fault divorce may be either contested or uncontested, but uncontested, No-Fault divorces move through the courts more quickly and less expensively.
The filing procedure for both No-Fault and Fault divorce is identical. In Illinois, the Petitioner (the party seeking the divorce) must be a resident of the state for at least 90 days before filing. The divorce may be filed in the county in the Circuit Court where he or she or the Respondent resides. In a No-Fault action, a divorce is granted when the couple lives apart and without cohabitation for two years (or six months if neither spouse contests the divorce). There is no minimum waiting period between the filing or a divorce petition and the granting of the dissolution.
In Illinois, the filing procedure and the forms of the necessary paperwork may vary from county to county. However, at a minimum, the following steps must be taken:
a) File a petition for divorce in the Circuit County Court. This is called the Petition for Dissolution of Marriage.
b) Notify the respondent that he or she has been sued. This is done with a Summons.
c) Get a hearing date.
d) Prepare forms needed for the hearing.
e) Attend the hearing.
f) Follow the judge’s order.
The divorce process, therefore, begins with the filing of a Petition for Dissolution of Marriage. This must be served with a Summons by the sheriff or a private process server. When a divorce is uncontested, it may be finalized at a brief divorce hearing, which only the petitioner is required to attend. The fee for filing a divorce petition is different in each county.
For divorces other than the simplified divorce, Illinois requires the following information in the petition:
a) the name, age, occupation, address and length of residence in Illinois of each spouse;
b) the date and place of marriage;
c) if another divorce is pending in another jurisdiction;
d) that the spouses are residents of Illinois and meet the state’s jurisdictional requirements;
e) that grounds for divorce do exist;
f) if the wife is not now pregnant;
g) arrangements for the support, custody and visitation of any children;
h) arrangements for any spousal support;
i) relief requested (such as dissolution of marriage, approval of marital settlement form and/or approval of parenting agreement).
Notification takes the form of a Summons. The time for delivering the summons is determined by each county and is printed on a Service of Process form, which when signed proves that the papers were delivered and when returned becomes part of the record.
After the Summons, the Respondent may file an appearance and written response in the court. The appearance is a form he or she files in response to the petition. This must be filed with the court.
If both spouses agree to the divorce, they can then begin working on the Marital Settlement Agreement and/or the joint Parenting Agreement to submit to the court. Some couples may have written the Marital Settlement Agreement and/or the joint Parenting Agreement even before they file for divorce.
If both spouses don’t agree to the divorce, his or her response will contain allegations in the Petition. A hearing may be held. The court will issue pretrial orders, which may resolve, on a temporary basis, such disputes as living arrangements, custody, support and visitation. During this period, each side does discovery, where each party obtains information about the marriage, including depositions (which are sworn recorded question and answer statements).
Negotiations may continue in an effort to resolve disputed issues, but if the couple cannot or will not agree, a series of hearings are preliminary to the divorce trial, which is costly and enervating.
Illinois courts will grant a divorce if only one party resides in the state; however, the other spouse must be notified of the divorce and be given a reasonable opportunity to respond. If the other spouse cannot be located, courts require that a good faith effort “using reasonable means” has been tried. A spouse may divorce a missing spouse undertaking what is called Service by Publication — a newspaper advertisement informing him or her that there is a divorce proceeding against him or her. In this routine, the Petitioner files for divorce in the normal manner, and then runs the advertisement in a newspaper of general circulation. The Petitioner must also sign an affidavit stating he or she looked for the spouse to the best of his or her ability, and the action then proceeds as what is called a default divorce.
In a default divorce, the Respondent does not do anything, and the Petitioner spouse wins the action by default.
When both the husband and wife agree and cooperate, an Illinois couple may obtain a simplified divorce (750 ILCS 5/451 – 5/467). This requires that they file a Joint Petition for Simplified Dissolution of Marriage. To do this, the couple must meet certain conditions that include the following:
a) Neither the husband nor the wife is dependent on the other for support, or the dependent party is willing to sign away his or her right to support.
b) Either the husband or the wife meets the 90-day residency requirement and considers Illinois to be his domicile.
c) The marriage has failed because “[i]rreconciable differences have caused the irretrievable breakdown of the marriage,” and the spouses have lived apart for six months or more, attempts at reconciliation have failed, and additional efforts are not practical and “not in the best interests of the family.”
d) The marriage is childless and the wife is not pregnant.
e) The marriage lasted less than eight years.
f) Neither party has any interest in real estate.
g) The total fair market value of all marital property is less than $10,000, their combined gross income is less than $35,000, and neither party has a gross annual income from all sources of more than $20,000.
h) Both spouses have made a disclosure of all assets and tax returns for the years of their marriage.
i) Both spouses have a written agreement dividing all assets worth more than $100 and allocates “responsibilities for paying outstanding debts between them.”
In a simplified divorce, both parties must appear at the divorce hearing to testify before the court. Both spouses must meet all conditions to file for a simplified divorce. If both spouses are qualified, the couple may file a Joint Petition for Simplified Dissolution of Marriage. Some counties offer brochures explaining the filing of a simplified divorce in that jurisdiction. Many couples cannot use the simplified divorce for obvious reasons, but many Circuit Courts focus on this when providing detailed instructions for filing for divorce. As part of a simplified divorce, both spouses must submit a sworn affidavit in which they swear under pain of perjury to divide their property in accordance with the agreement submitted to the court.
The majority of Illinois citizens who want to file pro se can either download the proper forms on the Circuit Court website on the Internet or obtain the forms at the courthouse.
Depending upon the trajectory of the divorce, in Illinois a couple may need between 10 and 20 forms during the course of a divorce. In addition the petition, summons and response, the most common form is the appearance form, which may be required in some counties when a petitioner files as a pro se litigant.
As mentioned, the petition for dissolution is custom tailored to the couple’s situation. This customization is in addition to the specifics required by each Circuit court.
The summons, which is used to notify the respondent that he or she is being sued, comes in a wide variety of formats. In divorce, the summons is attached to the petition for dissolution, and the package is his or her legal notice of the pending action.
An Affidavit of Response is used by the Respondent. The Petitioner normally uses this form when the respondent wants maintenance, child support, custody and payment of other fees.
The Judgement for Dissolution of Marriage goes with the petition, and it is custom written for the situation of the parties. It spells out the terms and conditions of the divorce. A party need to present this when applying for a marriage license for a future marriage.
In the event a couple agree to waive the two-year period of continuous separation provision, they must file a Stipulation of that fact.
Many Illinois counties now require the filing of a Financial Disclosure Statement of an Asset Disclosure Statement by each spouse in a divorce. (A Financial Disclosure Statement or an Asset Disclosure Statement are two names for the same document.) The primary use of this form, which also goes to the court, is the determination of support, maintenance and the division of property.
Illinois Simplified Divorce Procedures
Marital settlement agreements are specifically allowed and encouraged.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 502].
In addition, Illinois has an approved “Joint Simplified Dissolution” procedure and petition found in 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452. To use this simplified procedure: a) the spouses must not have been married over 5 years; b) the spouses must neither have had nor adopted any children; c) the wife cannot now be pregnant by the husband; d) neither spouse can own any real estate; e) both spouses must certify that neither is dependent on the other for support [or must waive any type of alimony]; f) the market value of all marital property must be less than $5,000.00; and g) the combined gross annual income of both spouses must be less than $25,000.00. Forms are available at any Office of the Clerk of a Circuit Court.
Illinois Property Division Factors
In Illinois, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Circuit Court within the Judgment for Dissolution of Marriage.
Illinois is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Circuit Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Circuit Court to be fair.
Upon the termination of any marriage, the court shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including:
a) the contribution of each party to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including the contribution of a spouse as a homemaker or to the family unit;
b) the dissipation by each party of the marital or non-marital property;
c) the value of the property assigned to each spouse;
d) the duration of the marriage;
e) the relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
f) any obligations and rights arising from a prior marriage of either party;
g) any antenuptial agreement of the parties;
h) the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;
i) the custodial provisions for any children;
j) whether the apportionment is in lieu of or in addition to maintenance;
k) the reasonable opportunity of each spouse for future acquisition of capital assets and income; and
l) the tax consequences of the property division upon the respective economic circumstances of the parties.
(750 Illinois Compiled Statutes – Chapter 5 – Sections: 503)
Illinois Spousal Support/Maintenance/Alimony Factors
In Illinois the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:
Without regard to marital misconduct, the court will award maintenance in a lump sum or for a fixed or indefinite period of time, and the maintenance may be paid from the income or property of the other spouse after consideration of all relevant factors, including:
a) the income and assets of each party; b) the financial needs of each party; c) the earning capacity of each party; d) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage; e) the time necessary for the receiving party to seek employment; f) the standard of living established while married; g) the length of the marriage; h) the age and health condition of both parties; i) the tax ramifications of the property award upon the respective economic circumstances of the parties; j) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse; k) any valid mutual agreement of the parties; and l) any other factor that the court expressly finds.
(750 Illinois Compiled Statutes – Chapter 5 – Sections: 504)
Illinois Child Custody Factors
In Illinois, the court shall consider all relevant factors without regard to gender including:
a) the wishes of the child’s parent or parents as to his custody;
b) the wishes of the child as to his custodian;
c) the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child’s best interest;
d) the child’s adjustment to his home, school and community;
e) the mental and physical health of all individuals involved;
f) the physical violence or threat of physical violence by the child’s potential custodian, whether directed against the child or directed against another person;
g) the occurrence of ongoing or repeated abuse, whether directed against the child or directed against another person; and
h) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
(750 Illinois Compiled Statutes – Chapter 5 – Sections: 602, 603 and 610)
Illinois Child Support Factors
Either or both parents may be ordered to pay reasonable and necessary child support, without regard to marital fault or misconduct. If the official guidelines are not appropriate, the following factors are considered: a) the financial resources and needs of the child; b) the standard of living the child would have enjoyed if the marriage had not been dissolved; c) the physical and emotional conditions and educational needs of the child; and d) the financial resources, needs, and obligations of both the noncustodial and the custodial parent. The court may require support to include payment of a child’s health insurance premium. Support payments may be ordered to be paid directly to the clerk of the court. There are official guidelines for the amount of support contained in the statute. Illinois Driver’s licenses may be revoked if child support obligations are not met.
[625 Illinois Compiled Statutes Annotated; Chapter 5, Sections 7-703 and 750 Illinois Compiled Statutes Annotated; Chapter 5, Sections 505, 505.2, and 507].
Illinois Grandparent’s Rights
Grandparent Rights to Visitation: Visitation may be granted if either the parents are not cohabiting on a permanent or indefinite basis, one of the parents has been absent from the martial residence for over one month without the other spouse knowing his /her whereabouts, one of the parents is deceased, one of the parents joins in the petition with the grandparents or great-grandparents, or if a sibling is in state custody. Illinois Compiled Statutes, Title 750, Illinois Compiled Statutes, Section 5/607 (750 I.C.S. §5/607).
When Adoption Occurs: Visitation rights terminate unless the adoption is by a stepparent.
Child Custody Statutes: Best interest of child considering: a) wishes of parents and child; b) interaction and interrelationship between the child and parents, siblings and other significant persons; c) adjustment to home, school and community; d) mental and physical health of parties and child; e) any physical threat to child; f) each party’s willingness to encourage and facilitate continued contact between the other parent and the child. 750 I.C.S. §5/602 et seq.
Parents May Choose: Yes
Illinois Military Divorce Laws
An Illinois military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
Military Protection From Illinois Divorce Proceedings
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Illinois court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for an Illinois court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
Residency and Filing Requirements
The typical military divorce filing requirements are as follows:
a) You or your spouse must reside in Illinois
b) You or your spouse must be stationed in Illinois
Grounds for Illinois Military Divorce
The grounds for a military divorce in Illinois are the same as a civilian divorce.
Dividing the Property
Along with the normal Illinois property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Child Support and Spousal Support
In Illinois, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Illinois child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
Illinois Child Support Guidelines
The Illinois child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Illinois child support order.
Illinois Child Support Guidelines
> Income Share Model *: NO
> Percent of Income Model *: YES
> Worksheets Available: YES
> Extraordinary Medical Expenses Add on: NO
> Childcare Add on: NO
> Secondary Education Support: YES
> UIFSA: YES
* Percent of Income Model: Illinois utilizes the percentage of income formula which determines the amount of child support as a percentage of the income of the parent obligated to pay the child support. This percentage is determined by factoring the number of children requiring support. This is the most basic or primitive method for calculating support. Many people believe that it does not take into consideration many important details, which makes this model of support calculation the least exact.
Illinois Child Support Definitions
The amount of Monthly Child Support shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the children light of evidence including but not limited to one or more of the following relevant factors:
a) the financial resources and needs of the child;
b) the financial resources and needs of the custodial parent;
c) the standard of living the child would have enjoyed had the marriage not been dissolved;
d) the physical and emotional condition of the child, and his educational needs; and
e) the financial resources and needs of the non-custodial parent.
Definitions:
“Net income” is defined as the total of all income from
all sources, minus the following deductions:
a) Federal income tax (properly calculated withholding or estimated payments);
b) State income tax (properly calculated withholding or estimated payments);
c) Social Security (FICA payments);
d) Mandatory retirement contributions required by law or as a condition of employment;
e) Union dues;
f) Dependent and individual health/hospitalization insurance premiums;
g) Prior obligations of support or maintenance actually paid pursuant to a court order;
h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self-executing modification upon termination of such payment period.
Illinois Compiled Statutes
Illinois Marriage and Dissolution of Marriage Act
In cases where the court order provides orhealth/hospitalization insurance coverage pursuant to Section 505.2of this Act, the premiums for that insurance, or that portion of the premiums for which the supporting party is responsible in the case of insurance provided through an employer’s health insurance plan where the employer pays a portion of the premiums, shall be subtracted from net income in determining the minimum amount of support to be ordered.
In a proceeding for child support following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, and in which the court is requiring payment of support for the period before the date an order for current support is entered, there is a rebuttable presumption that the supporting party’s net income for the prior period was the same as his or her net income at the time the order for current support is entered.
If the net income cannot be determined because of default or any other reason, the court shall order support in an amount considered reasonable in the particular case. The final order in all cases shall state the support level in dollar amounts.
Failure of either parent to comply with an order to pay support shall be punishable as in other cases of contempt. In addition to other penalties provided by law the Court may, after finding the parent guilty of contempt, order that the parent be:
1) placed on probation with such conditions of probation as the Court deems advisable;
2) sentenced to periodic imprisonment for a period not to exceed 6 months; provided, however, that the Court may permit the parent to be released for periods of time during the day or night to: a) work; or b) conduct a business or other self-employed occupation.
The Court may further order any part or all of the earnings of a parent during a sentence of periodic imprisonment paid to the Clerk of the Circuit Court or to the parent having custody or to the guardian having custody of the minor children of the sentenced parent for the support of said minor children until further order of the Court.
If there is a unity of interest and ownership sufficient to render nofinancial separation between a non-custodial parent and another person or persons or business entity, the court may pierce theownership veil of the person, persons, or business entity to discover assets of the non-custodial parent held in the name of that person, those persons, or that business entity. The following circumstances are sufficient to authorize a court to order discovery of the assets of a person, persons, or business entity and to compel the application of any discovered assets toward payment on the judgment for support:
a) the non-custodial parent and the person, persons, or business entity maintain records together.
b) the non-custodial parent and the person, persons, or business entity fail to maintain an arms length relationship between themselves with regard to any assets.
c) the non-custodial parent transfers assets to the person, persons, or business entity with the intent to perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order entered under this paragraph shall affect the rights of bona fide purchasers, mortgagees, judgment creditors, or other lien holders who acquire their interests in the property prior to the time a notice of lis pendens pursuant to the Code of Civil Procedure or a copy of the order is placed of record in the office of the recorder of deeds for the county in which the real property is located.
The court may also order in cases where the parent is 90 days or more delinquent in payment of support or has been adjudicated in arrears in an amount equal to 90 days obligation or more, that the parent’s Illinois driving privileges be suspended until the court determines that the parent is in compliance with the order of support. The court may also order that the parent be issued a family financial responsibility driving permit that would allow limited driving privileges for employment and medical purposes in accordance with Sec. 7-702.1 of the Illinois Vehicle Code. The clerk of the circuit court shall certify the order suspending the driving privileges of the parent or granting the issuance of a family financial responsibility driving permit to the Secretary of State on forms prescribed by the Secretary. Upon receipt of the authenticated documents, the Sec. of State shall suspend the parent’s driving privileges until further order of the court and shall, if ordered by the court, subject to the provisions of Section 7-702.1 of the Illinois Vehicle Code, issue a family financial responsibility driving permit to the parent.
In addition to the penalties or punishment that may be imposed under this Section, any person whose conduct constitutes a violation of Section 1 of the Non-Support of Spouse and Children Act may be prosecuted under that Sec., and a person convicted under that Sec. may be sentenced in accordance with that Section.
The sentence may include but need not be limited to a requirement that the person perform community service under subsection (b) of that Section or participate in a work alternative program under subsection (c) of that Section. A person may not be required to participate in a work alternative program under subsection (c) of that Section if the person is currently participating in a work program pursuant to Section 505.1 of this Act.
A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 which has accrued under a support order entered by the court. The charge shall be imposed in accordance with the provisions of Section 10-21 of the Illinois Public Aid Code and shall be enforced by the court upon petition.
Any new or existing support order entered by the court under this Section shall be deemed to be a series of judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of each payment or installment of support and each such judgment to be deemed entered as of the date the corresponding payment or installment becomes due under the terms of the support order. Each such judgment shall have the full force, effect and attributes of any other judgment of this State, including the ability to be enforced. A lien arises by operation of law against the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent.
When child support is to be paid through the clerk of the court in a county of 1,000,000 inhabitants or less, the order shall direct the obligor to pay to the clerk, in addition to the child support payments, all fees imposed by the county board under paragraph (3) of subsection (u) of Section 27.1 of the Clerks of Courts Act. Unless paid in cash or pursuant to an order for withholding, the payment of the fee shall be by a separate instrument from the support payment and shall be made to the order of the Clerk.
All orders for support, when entered or modified, shall include a provision requiring the obligor to notify the court and, in cases in which a party is receiving child and spouse services under Article X of the Illinois Public Aid Code, the Illinois Department of Public Aid, within 7 days, (i) of the name and address of any new employer of the obligor, (ii) whether the obligor has access to health insurance coverage through the employer or other group coverage and, if so, the policy name and number and the names of persons covered under the policy, and (iii) of any new residential or mailing address or telephone number of the non-custodial parent. In any subsequent action to enforce a support order, upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary in the case may be made at the last known address of the non-custodial parent in any manner expressly provided by the Code of Civil Procedure or this Act, which service shall be sufficient for purposes of due process.
An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of majority or is otherwise emancipated. The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date. Nothing in this subsection shall be construed to prevent the court from modifying the order.
An order entered under this Section shall include a provision requiring the obligor to report to the obligee and to the clerk of court within 10 days each time the obligor obtains new employment, and each time the obligor’s employment is terminated for any reason. The report shall be in writing and shall, in the case of new employment, include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in the amount of the child support that should have been paid during the period of unreported employment. An order entered under this Section shall also include a provision requiring the obligor and obligee parents to advise each other of a change in residence within 5 days of the change except when the court finds that the physical, mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party’s address.
Sec. 505.1.
a) Whenever it is determined in a proceeding to establish or enforce a child support or maintenance obligation that the person owing a duty of support is unemployed, the court may order the person to seek employment and report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance with such order. Additionally, the court may order the unemployed person to report to the Department of Employment Security for job search services or to make application with the local Jobs Training Partnership Act provider for participation in job search, training or work programs and where the duty of support is owed to a child receiving support services under Article X of The Illinois Public Aid Code, as amended, the court may order the unemployed person to report to the Illinois Department of Public Aid for participation in job search, training or work programs established under Section 9-6 and Article IXA of that Code.
b) Whenever it is determined that a person owes past-due support for a child or for a child and the parent with whom the child is living, and the child is receiving assistance under the Illinois Public Aid Code, the court shall order at the request of the Illinois Department of Public Aid:
1) that the person pay the past-due support in accordance with a plan approved by the court; or
2) if the person owing past-due support is unemployed, is subject to such a plan, and is not incapacitated, that the person
participate in such job search, training, or work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code as the court deems appropriate.
Sec. 505.2. Health insurance.
a) Definitions. As used in this Section:
1) “Obligee” means the individual to whom the duty of support is owed or the individual’s legal representative.
2) “Obligor” means the individual who owes a duty of support pursuant to an order for support.
3) “Public office” means any elected official or any State or local agency which is or may become responsible by law for enforcement of, or which is or may become authorized to enforce, an order for support, including, but not limited to: the Attorney General, the Illinois Department of Public Aid, the Illinois Department of Human Services, the Illinois Department of Children and Family Services, and the various State’s Attorneys, Clerks of the Circuit Court and supervisors of general assistance.
Whenever the court establishes, modifies or enforces an order for child support or for child support and maintenance the court shall include in the order a provision for the health care coverage of the child which shall, upon request of the obligee or Public Office, require that any child covered by the order be named as a beneficiary of any health insurance plan that is available to the obligor through an employer or labor union or trade union. If the court finds that such a plan is not available to the obligor, or that the plan is not accessible to the obligee, the court may, upon request of the obligee or Public Office, order the obligor to name the child covered by the order as a beneficiary of any health insurance plan that is available to the obligor on a group basis, or as a beneficiary of an independent health insurance plan to be obtained by the obligor, after considering the following factors:
a) the medical needs of the child;
b) the availability of a plan to meet those needs; and
c) the cost of such a plan to the obligor.
If the employer or labor union or trade union offers more than one plan, the order shall require the obligor to name the child as a beneficiary of the plan in which the obligor is enrolled.
Nothing in this Section shall be construed to limit the authority of the court to establish or modify a support order to provide for payment of expenses, including deductibles, copayments and any other health expenses, which are in addition to expenses covered by an insurance plan of which a child is ordered to be named a beneficiary pursuant to this Section. (c) Implementation and enforcement.
1) When the court order requires that a minor child be named as a beneficiary of a health insurance plan, other than a health insurance plan available through an employer or labor union or trade union, the obligor shall provide written proof to the obligee or Public Office that the required insurance has been obtained, or that application for insurability has been made, within 30 days of receiving notice of the court order. Unless the obligor was present in court when the order was issued, notice of the order shall be given pursuant to Illinois Supreme Court Rules. If an obligor fails to provide the required proof, he may be held in contempt of court.
2) When the court requires that a minor child be named as a beneficiary of a health insurance plan available through an employer or labor union or trade union, the court’s order shall be implemented in accordance with Section 706.1, as now or hereafter amended.
Failure to maintain insurance. The dollar amount of the premiums for court-ordered health insurance, or that portion of the premiums for which the obligor is responsible in the case of insurance provided under a group health insurance plan through an employer or labor union or trade union where the employer or labor union or trade union pays a portion of the premiums, shall be considered an additional child support obligation owed by the obligor. Whenever the obligor fails to provide or maintain health insurance pursuant to an order for support, the obligor shall be liable to the obligee for the dollar amount of the premiums which were not paid, and shall also be liable for all medical expenses incurred by the minor child which would have been paid or reimbursed by the health insurance which the obligor was ordered to provide or maintain. In addition, the obligee may petition the court to modify the order based solely on the obligor’s failure to pay the premiums for court-ordered health insurance.
Authorization for payment. The signature of the obligee is a valid authorization to the insurer to process a claim for payment under the insurance plan to the provider of the health care services or to the obligee.
Disclosure of information. The obligor’s employer or labor union or trade union shall disclose to the obligee or Public Office, upon request, information concerning any dependent coverage plans which would be made available to a new employee or labor union member or trade union member. The employer or labor union or trade union shall disclose such information whether or not a court order for medical support has been entered.
Employer obligations. If a parent is required by an order for support to provide coverage for a child’s health care expenses and if that coverage is available to the parent through an employer who does business in this State, the employer must do all of the following upon receipt of a copy of the order of support or order for withholding:
1) The employer shall, upon the parent’s request, permit the parent to include in that coverage a child who is otherwise eligible for that coverage, without regard to any enrollment season restrictions that might otherwise be applicable as to the time period within which the child may be added to that coverage.
2) If the parent has health care coverage through the employer but fails to apply for coverage of the child, the employer shall include the child in the parent’s coverage upon application by the child’s other parent or the Illinois Department of Public Aid.
3) The employer may not eliminate any child from the parent’s health care coverage unless the employee is no longer employed by the employer and no longer covered under the employer’s group health plan or unless the employer is provided with satisfactory written evidence of either of the following:
a) The order for support is no longer in effect.
b) The child is or will be included in a comparable health care plan obtained by the parent under such order that is currently in effect or will take effect no later than the date the prior coverage is terminated. The employer may eliminate a child from a parent’s health care plan obtained by the parent under such order if the employer has eliminated dependent health care coverage for all of its employees.
Illinois Dissolution of Marriage Definitions
This collection of definitions will help clarify some unique characteristics to the Illinois Dissolution of Marriage laws, process and paperwork which is filed with the court.
Filing Party Title:
Petitioner
The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.
Non-Filing Party Title:
Respondent
The spouse who does not initiate the Dissolution of Marriage with the court.
Court Name:
IN THE CIRCUIT COURT OF THE ________ JUDICIAL DISTRICT
The proper name of the court in which a Dissolution of Marriage is filed in the state of Illinois. Each jurisdictional court typically has a domestic relations or a family law department or division.
The state run office devoted to enforcing existing child support orders and collecting any past due child support.
Document Introduction:
In Re the Marriage of:
The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.
Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage
The title and name of the legal document that will initiate the Illinois Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.
Final Dissolution of Marriage Document:
Judgment for Dissolution of Marriage
The title and name of the legal document that will finalize the Illinois Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.
Clerk’s Office Name:
Office of the Clerk of the County Circuit Court
The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.
Legal Separation:
The residency requirement specified in the statute is that an action for legal separation must be brought where the Respondent resides. Any person living separate and apart from his or her spouse, without fault, may obtain a legal separation with provisions for reasonable support and maintenance.
[750 Illinois Compiled Statutes Annotated; Chapter 5, Section 402].
Property Distribution:
Equitable Distribution
The applicable Illinois law that will dictate how property and debt is to be divided upon Dissolution of Marriage.
