Full Text of HB4124 98th General Assembly
HB4124eng 98TH GENERAL ASSEMBLY |
| | HB4124 Engrossed | | LRB098 15680 RPS 50711 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. If and only if House Bill 1452 of the 98th | 5 | | General Assembly becomes law, the Illinois Marriage and | 6 | | Dissolution of Marriage Act is amended by changing Section 102 | 7 | | as follows:
| 8 | | (750 ILCS 5/102) (from Ch. 40, par. 102)
| 9 | | Sec. 102. Purposes; Rules of Construction. This Act shall | 10 | | be liberally
construed and applied to promote its underlying | 11 | | purposes, which are to:
| 12 | | (1) provide adequate procedures for the solemnization and | 13 | | registration
of marriage;
| 14 | | (2) strengthen and preserve the integrity of marriage and | 15 | | safeguard family
relationships;
| 16 | | (3) promote the amicable settlement of disputes that have | 17 | | arisen between
parties to a marriage;
| 18 | | (4) mitigate the potential harm to spouses and their | 19 | | children caused
by the process of an action brought under this | 20 | | Act, and protect children from exposure to conflict and | 21 | | violence;
| 22 | | (5) ensure predictable decision-making for the care of | 23 | | children and for the allocation of parenting time and other |
| | | HB4124 Engrossed | - 2 - | LRB098 15680 RPS 50711 b |
|
| 1 | | parental responsibilities, and avoid prolonged uncertainty by | 2 | | expeditiously resolving issues involving children; | 3 | | (6) recognize the right of children to a healthy | 4 | | relationship with parents, and the responsibility of parents to | 5 | | ensure such a relationship; | 6 | | (7) acknowledge that the determination of children's best | 7 | | interests, and the allocation of parenting time and significant | 8 | | decision-making responsibilities, are among the paramount | 9 | | responsibilities of our system of justice, and to that end: | 10 | | (A) recognize children's right to a strong and healthy | 11 | | relationship with parents, and parents' concomitant right | 12 | | and responsibility to create and maintain such | 13 | | relationships; | 14 | | (B) recognize that, in the absence of domestic violence | 15 | | or any other factor that the court expressly finds to be | 16 | | relevant, proximity to, and frequent contact with, both | 17 | | parents promotes healthy development of children; | 18 | | (C) facilitate parental planning and agreement about | 19 | | the children's upbringing and allocation of parenting time | 20 | | and other parental responsibilities; | 21 | | (D) continue existing parent-child relationships, and | 22 | | secure the maximum involvement and cooperation of parents | 23 | | regarding the physical, mental, moral, and emotional | 24 | | well-being of the children during and after the litigation; | 25 | | and | 26 | | (D-5) recognize that, in order to maximize the |
| | | HB4124 Engrossed | - 3 - | LRB098 15680 RPS 50711 b |
|
| 1 | | opportunity
for each child to maintain and strengthen the | 2 | | child's
relationship with each parent, the child's best | 3 | | interests
may be served with a minimum amount of | 4 | | residential
parenting time for each parent of not less than | 5 | | 35% of
available residential parenting time; the minimum | 6 | | percentage of parenting time shall not, in and of itself, | 7 | | constitute a reason for deviation from the child support | 8 | | guidelines; and | 9 | | (E) promote or order parents to participate in programs | 10 | | designed to educate parents to: | 11 | | (i) minimize or eliminate rancor and the | 12 | | detrimental effect of litigation in any proceeding | 13 | | involving children; and | 14 | | (ii) facilitate the maximum cooperation of parents | 15 | | in raising their children;
| 16 | | (8)
make reasonable provision for support during and
after | 17 | | an underlying dissolution of marriage, parentage, or parental | 18 | | responsibility allocation action, including provision for | 19 | | timely advances of interim fees and costs to all attorneys, | 20 | | experts, and opinion witnesses including guardians ad litem and | 21 | | children's representatives, to
achieve substantial parity in | 22 | | parties' access to funds for pre-judgment litigation costs in | 23 | | an action for dissolution of marriage;
| 24 | | (9)
eliminate the consideration of marital misconduct in | 25 | | the adjudication
of rights and duties incident to
dissolution | 26 | | of marriage, legal
separation and declaration of invalidity of |
| | | HB4124 Engrossed | - 4 - | LRB098 15680 RPS 50711 b |
|
| 1 | | marriage; and
| 2 | | (10)
make provision for the preservation and conservation | 3 | | of marital assets
during the litigation.
| 4 | | (Source: P.A. 89-712, eff. 6-1-97; LRB09802948HEP58277a.)
|
|