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IL HB5613
Bill
Status
2/14/2020
Primary Sponsor
Thaddeus Jones
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AI Summary
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Amends the Illinois Marriage and Dissolution of Marriage Act to prohibit courts from awarding spousal maintenance to a person against whom their spouse has obtained an order of protection under the Illinois Domestic Violence Act of 1986
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Declares any marital settlement agreement provision regarding maintenance to be automatically unconscionable if the maintenance obligor has an order of protection against the intended maintenance recipient
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Requires courts to either mandate a revised agreement or deny maintenance entirely when an agreement is found unconscionable due to a domestic violence order of protection
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Mandates automatic termination of existing maintenance orders when the paying spouse obtains an order of protection against the receiving spouse
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Adds domestic violence orders of protection as an exception to the general rule that courts do not consider marital misconduct when determining maintenance awards
Legislative Description
IMDMA-VICTIMS RIGHTS
Last Action
Rule 19(b) / Re-referred to Rules Committee
6/23/2020