96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4202


 
Introduced 2/27/2009, by Rep. Ronald A. Wait
 
SYNOPSIS AS INTRODUCED:
 		













750 ILCS 5/505.4 new






750 ILCS 5/610.5 new










    Amends the Illinois Marriage and Dissolution of Marriage Act.  Provides that in a proceeding to establish, modify, or enforce child custody, visitation, or support if the person who is awarded  custody, granted visitation, or ordered to pay child support is on active military duty stationed out of State, the court must treat any order establishing, modifying, or enforcing child custody, visitation, or support as a temporary order.  Provides that this temporary order does not prejudice the rights of the parties or the child subsequently in the proceeding and terminates when the court enters a subsequent order or judgment, following a hearing held after the person is discharged or is no longer stationed out of State.  Provides that a temporary child custody, visitation, or support  order entered under these provisions may be incorporated into a final judgment, but only if the court finds that the provision applies and the judgment provides that any child custody, visitation, or support order may be modified without meeting the other applicable requirements in the Act. Provides that "active-duty military member" means a person currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces.


















LRB096 05711 AJO 15778 b

















 


 


A BILL FOR









 











HB4202

LRB096 05711 AJO 15778 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Marriage and Dissolution of 
5
Marriage Act is amended  by adding Sections 505.4 and 610.5 as 
6
follows:
 
7
    (750 ILCS 5/505.4  new)
8
    Sec. 505.4. Out of State military service.
9
    (a) Whenever it is determined in a proceeding to establish, 
10
modify, or enforce a child support obligation that the person 
11
owing a duty of support is a person on active military duty 
12
stationed out of State, the court must treat any order 
13
establishing, modifying, or enforcing a child support 
14
obligation as a temporary order.
15
    (b) An order that qualifies as a temporary order under this 
16
Section:

        
17
        (1) does not prejudice the rights of the parties or the 
18
    child which are to be adjudicated at a subsequent hearing 
19
    in the proceeding;
20
        (2) may be incorporated into a final judgment, but only 
21
    if the court makes a finding that this Section applies and 
22
    the judgment provides that it may be modified to the extent 
23
    that it establishes, modifies, or enforces a child support 
 


 






HB4202
- 2 -
LRB096 05711 AJO 15778 b




1
    obligation without meeting the requirements of  Section 
2
    510; and
3
        (3) terminates when the court enters a subsequent order 
4
    or judgment following a hearing that is held:
5
            (A)  after the person is discharged from active 
6
        military duty; or
7
            (B)  after the person, although  remaining on active 
8
        military duty, is no

longer stationed out of State.
9
    (c)  "Active-duty military member" means, for purposes of 
10
this Section, a person who is currently serving on active duty 
11
as a member of the Armed Forces of the United States, the 
12
Illinois National Guard, or any reserve component of the Armed 
13
Forces of the United States. 
 
14
    (750 ILCS 5/610.5  new)
15
    Sec. 610.5. Out of State military service.
16
    (a) Whenever it is determined in a proceeding to establish, 
17
modify, or enforce child custody or visitation with a child 
18
that a parent who is a party to the proceeding is a person on 
19
active military duty stationed out of State, the court must 
20
treat any order establishing, modifying, or enforcing child 
21
custody or visitation with a child as a temporary order.
22
    (b) An order that qualifies as a temporary order under this 
23
Section:
24
        (1) does not prejudice the rights of the parties or the 
25
    child which are to be adjudicated at a subsequent hearing 
 


 






HB4202
- 3 -
LRB096 05711 AJO 15778 b




1
    in the proceeding;
2
        (2) may be incorporated into a final judgment, but only 
3
    if the court makes a finding that this Section applies and 
4
    the judgment provides that it may be modified to the extent 
5
    that it establishes, modifies, or enforces child custody 
6
    without meeting the requirements of Section 610; and
7
        (3) terminates when the court enters a subsequent order 
8
    or judgment following a hearing that is  held:
9
            (A)  after the person is discharged from active 
10
        military duty; or
11
            (B)  after the person, although  remaining on active 
12
        military duty, is no

longer stationed out of State.
13
    (c)  "Active-duty military member" means, for purposes of 
14
this Section, a person who is currently serving on active duty 
15
as a member of the Armed Forces of the United States, the 
16
Illinois National Guard, or any reserve component of the Armed 
17
Forces of the United States.