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IL HB5613

Bill

Status

Introduced

2/14/2020

Primary Sponsor

Thaddeus Jones

Click for details

Origin

House of Representatives

101st General Assembly

AI Summary

  • 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

  • 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

  • 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

  • Mandates automatic termination of existing maintenance orders when the paying spouse obtains an order of protection against the receiving spouse

  • 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

Committee Referrals

Rules6/23/2020
Judiciary - Civil3/17/2020
Rules2/18/2020

Full Bill Text

No bill text available