Illinois 98 th General assembly – family Law reform bills and helpful links and support suggestions!

July 23, 2013 § Leave a comment

Illinois 98th General Assembly – Family Law Reform Bills (with comments and hyperlinks)

As of July 2, 2013

VICTORIES FOR THE 98TH GENERAL ASSEMBLY

 

HB2992 (Josh Harms – R106) – SUPPORT (SITTING ON GOVERNOR’S DESK SINCE JUNE 19, 2013)

 

The court may consider placing a Right Of First Refusal clause in a parenting order stating that before a parent places the child with a babysitter, the parent must offer the child to the other parent first.  We had to negotiate away lots of strengths of the original Bill to keep it alive after we had strong bipartisan support.  I blame the Illinois State Bar Association for trying to sabotage this one the evening before Committee.

 

HR113 (Jil Tracy – R94) SUPPORT (SIGNED)

 

This resolution named April as “Stop Parental Alienation” Awareness Month just as we did last year.  I know it is late; but it is still important for marketing purposes.

 

 

STILL REQUIRING WORK (NAGGING LEGISLATORS) TO BE REINTRODUCED

 

HB3287 (Dan Brady – R105) – SUPPORT (PAST DEADLINE.  SENT BACK TO COMMITTEE.  WITH DSM-5, WE SHOULD BE ABLE TO USE THE WORDS “CHILD PSYCHOLOGICAL ABUSE” AND OVERCOME DCFS’S OBJECTIONS.)

 

Guardian Ad Litem training to include Parental Alienation.  It would be very nice to get the words “parental alienation” in a statute.  It would be nice if this would include Child Representatives.

 

HB1018 (Michael Zalewski – D25) – SUPPORT – (PAST DEADLINE.  SENT BACK TO COMMITTEE.  THE BIGGEST OBJECTION IS ISBA’S “JUDGES CAN ALREADY DO THIS.”  WE HAVE A FEW MOTIONS ASKING FOR IT AND JUDGES DENYING IT.  I NEED THOSE DENIALS SO THAT WE CAN SHOW THAT THE ISBA IS FULL OF CRAP – AS USUAL.)

 

Integrated Family Therapy

 

Hopefully, a cooperative atmosphere focused on solutions, as opposed to the court, an adversarial atmosphere focused on winning.

 

HB2330 (La Shawn Ford – D8) – SUPPORT (Numerous amendments.  Did not have votes in house.  Must find out objections and renew.)

 

Child support is suspended while in jail.  Thanks to HFS, there are a bunch of amendments that seriously weaken the Bill.  But I do like that HFS is supposed to assist the non-custodial parent with modifications.  Do not expect HFS to ever assist Non-custodial parents.  Presently, they are supposed to; and they don’t.

 

HB1019 (Michael Zalewski – D23) – SUPPORT (Past deadline.  Sent back to committee.  Must overcome any objections.)

 

Finally, making knowingly false allegations (during a custody or visitation proceeding) with the intent to influence the court’s decision has remedies: fees and costs; on the second finding, the court may deny visitation/custody.  This is compromise and outgrowth on 97th GA Bills:  HB4460 (DeLuca – D80), HB4461 (DeLuca – D80), HB3045 (Jakobsson – D103).

 

 

HB3076 (Monique Davis – D27) – SUPPORT (Past deadline.  Sent back to committee.  We need to attack hfs.)

 

While in jail or unemployed, child support stops.  HFS is against this because they believe that unemployed people are really working and hiding tons of money.  My comments, Pam Lowry and her thugs at HFS are men and non-custodial parent haters.  They will say and do whatever it takes to keep the Title IV-D money rolling in to bank-role their existence.

 

HB0011 (Mary Flowers – D31) – SUPPORT (Passed house, ran out of time in senate, lots of amendments.  We can push this one.)

 

Unemployed individuals cannot be thrown in jail for non-payment of child support.  You say, “a no brainer;” well, a review of court orders show that many judges lack basic math logic.  The obligor will still have to get a modification of child support so that arrearages with interest do not go through the roof.

 

HB0128 (Monique Davis – D27) – SUPPORT (PAST DEADLINE.  SENT BACK TO COMMITTEE.  HFS HATES THIS ONE.  IT WOULD BE VERY NICE TO GET RID OF DRIVER’S LICENSE SUSPENSION.  THIS IS ONE OF THE MOST ABUSED POWER OF HFS – SUSPENDING LICENSES FOR NON-PAYMENT OF CHILD SUPPORT.  25,000 PER YEAR.  NO REAL HEARING.  NO REAL DUE PROCESS.)

 

Driver’s license suspension – no more.

 

The Watkins Act placed visitation interference on the same plain as non-payment of child support.  Both allow for suspension of driver’s license.  Most view suspension of licenses as unnecessarily punitive and counter-productive.

 

HB1452 (Kelly Burke – D36) – SUPPORT – (PAST DEADLINE.  SENT BACK TO COMMITTEE.  EXPECT LOTS OF BATTLES ON THIS.  PERSONALLY, I THINK WE SHOULD MOUNT A CAMPAIGN ASKING FOR 45% PARENTING TIME.  IF BOTH PARENTS ARE “FIT” WHY ARE WE LIMITING ONE TO 35%.  AND IF WE START AT 35%, YOU CAN SURE BET THAT WE WILL END UP LOWER AT 25% OR SO.)

 

This is the new Dissolution of Marriage Act – a MAJOR change

 

-Minimum of 35% parenting time

-Parenting Plans that allocates decision making – split decision making.

-“Relocation” is 25 miles in or out of state.  No more 300 miles in state without permission; but okay to move across the border if close to the border..

-Exchanges “custody” for “parental responsibility,” and “visitation” for “parenting time.”

 

HB1243  (Kelly Burke – D36) – SUPPORT (Past deadline.  Lots of amendments.  Sent back to committee.)

 

The new Parentage Act.  MAJOR change.  With 43% of all births to unmarried couples, and with all the science for artificial insemination and such, this Bill brings Illinois into the 21st century scientifically and culturally.

 

-Parent-Child relationships

-Genetic testing

-Artificial insemination and other science.

 

SB1169 (Pat McGuire –D43) – NOT SUPPORT (Passed.  Sitting on governor’s desk.)

 

I do not understand this one. It removes the child support termination date, such as a child’s 18th birthdate, from the child support order.  That means that an obligor has to run to court on a child’s 18th birthday: more money for lawyers, and “gifts” for obligee for every day past the 18th birthday.

 

SB1444 (Mattie Hunter – D3) – SUPPORT (Past deadline.  Sent back to committee.)

 

Agreements must be in writing and signed by both parties.  We have seen too many “agreements” where one party claims an agreement and the other says “WTF you talking about.”  Now, both sign, or no “agreement.”

 

SB0048 (Iris Martinez – D20) –SUPPORT (Passed.  Sitting on governor’s desk.)

 

Repeals the Unified Child Support Services Act.  Hell if I know what this will mean.  I was told that HFS Director, Julie Hamos, requested this Bill, stating that no one uses it.  I have my speculations on how this will affect us, but I am admittedly confused, as is many others.  I see good and bad for repealing this Act.

 

HB1041 (Michael Tryon – R66) – SUPPORT (Tabled after 3rd reading)

 

Right now, if you pay child support through your employer, your employer can charge you $5 per month for processing the paperwork.  This Bill does away with that $5 per month processing fee.  (But the fee for State Disbursement Unit (to screw up the paperwork) is still in place.)

 

HB1215 (John Cavaletto – R107) –SUPPORT (Past deadline.  Sent back to committee.)

 

This is interesting.  If a parent violates a custody/visitation agreement, the court can fine the parent $50.  That money goes into a grandparents’ legal assistance fund.  If done right, this Bill may make constitutional muster.

 

HB1004 (Robert Pritchard – R70) – SUPPORT (Past deadline.  Sent back to committee.)

 

Passports

 

-During divorce, a request can be made for a child’s passport to be held – hinders international kidnapping.

 

 

 

 

 

HB2473 (Reboletti – R45) – NOT SUPPORT (Passed.  Sitting on governor’s desk.)

This is another one of those Bills that supports the notion of “the Constitution does not apply to family law.”  The protections afforded when issuing and executing a body attachment do not apply to child support.  Under HB2473, child support is the only exception listed under the Code of Civil Procedure.  (Notice how family law is always an “exception” to the rest of the law.)  The normal protections are (1) Personal service and opportunity to appear in court; (2) Notice of contempt order; (3) Expiration date of 1 year; (4) Bond of no more than $1000; and (5) Return of the Bond.  People had more rights under the communists and the Nazis.

 

While our friends who are fighting to fix the draconian punishments we see in the child support world (Monique Davis, La Shawn Ford, and Mary Flowers) and argued vigorously against it, they voted for it because of promises that it  would not be misused.  (We all know that HFS and the ASA will misuse it – non-custodial parents are viewed as scum by these people).  Monique Davis did file a Motion To Reconsider Vote.  Please call her (217-782-0010) and ask that she push her Motion to Reconsider Vote.

 

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