96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2570


 
Introduced 1/13/2010, by Sen. Dale A. Righter
 
SYNOPSIS AS INTRODUCED:
 		





 


    



735 ILCS 5/2-1203
  from Ch. 110, par. 2-1203


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








     Amends the Code of Civil Procedure and the Illinois Marriage and Dissolution of Marriage Act. Provides that a monetary child support or maintenance order shall not be suspended or stayed due to a post-judgment motion.
  















LRB096 14819 AJO 29682 b

















 


 


A BILL FOR









 




  






SB2570

LRB096 14819 AJO 29682 b





  
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    AN ACT concerning civil law.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Section 2-1203 as follows:
 



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    (735 ILCS 5/2-1203)  (from Ch. 110, par. 2-1203)



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    Sec. 2-1203. Motions after judgment in non-jury cases. 
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    (a) In all
cases tried without a jury, any party may, 
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within 30 days after the
entry of the  judgment or within any 
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further time the court may allow
within the 30 days or any 
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extensions thereof, file a motion for a
rehearing, or a 
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retrial, or modification of the judgment or to vacate
the  
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judgment or for other relief.

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    (b) Except as provided in subsection (a) of Section 413 of 
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the Illinois Marriage and Dissolution of Marriage Act, a A 
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motion filed in apt time stays enforcement of the judgment 
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except that a judgment granting injunctive or declaratory 
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relief shall be stayed only by a court order that follows a 
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separate application that sets forth just cause for staying the  
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enforcement.

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(Source: P.A. 95-902, eff. 1-1-09.)

 
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    Section 10. The Illinois Marriage and Dissolution of 
 


 






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Marriage Act is amended  by changing Section 413 as follows:
 



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



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    Sec. 413. 
Judgment.)  (a) A judgment of dissolution
of 
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marriage or of legal separation or of declaration of invalidity 
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of marriage is final
when entered, subject to the right of 
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appeal.  An appeal from the judgment
of dissolution of marriage 
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that does not challenge the finding as to grounds
does not 
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delay the finality
of that provision of the judgment which 
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dissolves the marriage, beyond the time for
appealing from that  
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provision, and either of the parties may remarry pending 
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appeal.
An order directing payment of money for support or 
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maintenance of the spouse
or the minor
child or children shall 
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not be suspended or the enforcement thereof stayed pending
the 
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appeal. An order directing payment of money for support or 
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maintenance of the spouse or the minor child or children shall 
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not be suspended or the enforcement thereof stayed following 
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the entry of a judgment for dissolution of marriage due to the 
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filing of post-judgment motions, including a motion filed under 
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Section 2-1203 of the Code of Civil Procedure. 

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    (b) The clerk of the court shall give notice of the entry 
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of a judgment of dissolution
of marriage or legal separation or 
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a declaration of invalidity of marriage:

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    (1) if the marriage is registered in this State, to the 
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county clerk of the county
where the marriage is registered, 
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who shall enter the fact of dissolution
of marriage or legal

 


 






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separation or declaration of invalidity of marriage in the 
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marriage registry;
and within 45 days after the close
of the 
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month in which the judgment is entered, the
clerk shall forward

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the certificate to the Department of Public Health on a form 
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furnished by the
Department; or

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    (2) if the marriage is registered in another jurisdiction, 
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to the
appropriate official of that jurisdiction, with the 
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request that he enter the fact of
dissolution of marriage or 
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legal separation or declaration of invalidity
of marriage in 
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the appropriate record.

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    (c) Upon request by a wife whose marriage is dissolved or 
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declared
invalid, the court shall order her maiden name or a 
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former name restored.

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    (d) A judgment of dissolution of marriage or legal 
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separation, if made, shall
be awarded to both of the parties, 
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and shall provide that it affects the
status previously

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existing between the parties in the manner adjudged.

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(Source: P.A. 84-546.)