Topic:
Dissipation of marital assets
(Mulroe, D-Chicago) amends the Illinois Marriage and Dissolution of Marriage Act to require notice and impose time limits before a litigant can claim dissipation of marital and non-marital assets and clarifies the child support section of the Act by codifying existing practice and case law. It creates a three-step procedure as follows for dissipation claims: (1) Notice of intent to claim dissipation must be filed no later than 60 days before trial or 30 days after discovery closes, whichever is later;(2) Notice must identify the property dissipated, a time frame of when the marriage began to break down, and when the dissipation occurred; and (3) Notice must be filed with the clerk of the court and served under applicable rules. No dissipation may be considered if it occurred five years before filing of dissolution of marriage if the spouse had no knowledge of the dissipation, or three years after the party claiming dissipation knew, or should have known, of the dissipation. It also codifies existing practice and case law by granting the court the right to order both parties to contribute to expenses for child-care, school, extracurricular activities, and health expenses not covered by health insurance in addition to statutory child support. Passed the Senate
