That recently, the Circuit Court of Cook County Amended Rule 13.3.1 the Rule relates to mandatory disclosures.  Previously, the Rule provided that a party seeking child support, maintenance, modifications of child support or maintenance, Section 513 hearing attorneys fees or any other matter involving the sharing, splitting or allocating of expenses must include a Disclosure Statement prior to the Hearing.

The amendments to Rule 13.3.1 now mandate that the Disclosure Statement in a Pre-Judgment Case must be filed no later than thirty (30) days after the service on the Respondent and the Respondent should file his or her Disclosure Statement thirty (30) days after filing their appearance or not less than seven (7) days prior to a Hearing whichever date first occurs.

This makes it now mandatory upon the person moving for a division of the marital estate, to establish, modify or enforce an order for maintenance, child support or educational expenses pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act, retroactive child support in parentage matters, or an award of fees and costs against the other party the requirement of filing the Disclosure Statement.  The Rule reads in relevant part the following:

13.3.1    Mandatory Disclosure

(a) Pre-Judgment Disclosure – In all pre-judgment proceedings in which a party is seeking division of the marital estate, to establish, modify or enforce an order for maintenance, chills support or educational expenses pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act, retroactive child support in parentage matters, or an award of fees and costs against the other party, each party shall serve a completed disclosure statement of incomes, expenses, and assets (“Disclosure Statement”) upon the other party on forms approved by the court.   The service of the “Disclosure Statement” shall be as follows:

(i) The Petitioner shall serve the completed “Disclosure Statement’ not later than thirty (30) days after service of the initial pleading and the Respondent shall serve the completed “Disclosure Statement” not later than thirty (30) days after the filing of the Responding party’s appearance; or

(ii)       Not less than seven (7) business days prior to a hearing, whichever date first occurs.

When further relief is sought from the court and a material change of circumstances has occurred, an updated completed “Disclosure Statement” must be served on the other party no less than seven (7) days prior to any hearing.

(b) Post-Judgment Disclosure – In all post-judgment proceedings in which a party is seeking to establish, modify or enforce an order of maintenance, child support, support for educational expenses pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act, or attorneys fees or costs, the parties shall exchange a completed “Disclosure Statement” unless either party files a written objection with the court and shows good cause why such exchange should not be required.  The service of the “Disclosure Statement” shall be as follows:

(i) The Petitioner shall serve the completed “Disclosure Statement’ not later than thirty (30) days after service of the initial pleading and the Respondent shall serve the completed “Disclosure Statement” not later than thirty (30) days after the filing of the Responding party’s appearance; or

(ii)       Not less than seven (7) business days prior to a hearing, whichever date first occurs.

(c) Sanctions for Failure to Comply – Failure of a party to timely serve the “Disclosure Statement” shall subject the non-complying party to such sanctions as the court deems appropriate, including all sanctions available under Illinois Supreme Court Rule 219.  Failure to comply shall not be sufficient cause for a responding party not in compliance to obtain a continuance of the hearing.

(d) Certificate of Service – The completed “Disclosure Statement” should not be filed with the Clerk of the Circuit Court, unless ordered by the court.  Each party shall file with the Clerk of the Circuit court a Certificate of Service of the “Disclosure Statement” upon the other party.

(e) Discovery – In pre-judgment and post-judgment proceedings, a party shall serve the other party with a completed “Disclosure Statement” before seeking discovery pursuant to 735 ILCS 5/2-201, unless otherwise ordered by the court for good cause shown.

(f) Application to Joint Simplified Dissolution – Paragraph 13.3.1(a) shall not apply to Joint Simplified Dissolution Proceedings brought pursuant to 750 ILCS 5/451 et seq.

(g) Time Limits – In the event a party posits an objection based on personal or subject matter jurisdiction, the time for service of the “Disclosure Statement” shall be tolled pending the court’s rulings.  The court may extend or advance the time for service of the “Disclosure Statement,” or excuse service pursuant to good cause shown, or upon the written stipulation of the parties filed in the proceeding.

Under 13.3.1(b) the Petitioner in a Post Judgment setting to establish, modify or enforce an Order of maintenance, child support, support for educational expenses pursuant to Section 513, or attorneys fees or costs must serve a completed “Disclosure Statement” not later than thirty (30) days after service of the initial pleading.  The Respondent is also required to serve the required “Disclosure Statement” not later than thirty (30) days after the filing of that party’s appearance or not less than seven (7) days prior to the hearing whichever date occurs first.

These rule changes now place the Circuit Court of Cook County in line with what has already been the Rule in the Nineteenth Judicial District for Lake County, Illinois and the Twenty-Second Judicial District for McHenry County, Illinois.  The difference may be in the enforcement.  Please not under Section (c) of 13.3.1 the Trial Judge has the authority to sanction a party with all sanctions available under Supreme Court Rule 219 now available.  Whether or not Cook County Judges will enforce this Disclosure, which only seems to facilitate hearings is another matter.

Note that Rule 13.3.2, entitled “Proof of Income” provides that whenever a Disclosure Statement is required under the rules that each party must serve upon the other party that party’s last two (2) calendar years federal and state income tax returns, the most recent paystub (showing year-to-date earnings and deductions therefrom), or if the year-to-date information is not provided by the employer, the five (5) most recent paystubs and records of any year-to-date additional income and compensation.  Additionally, the federal and state income tax returns must include all W2’s, 1099’s and K1’s that were used in preparation of that year’s return.

A careful Family Law Practitioner will comply with these rules.  Additionally, a careful Family Law Practitioner will also make sure that his or her opponent complies with these rules.  This Disclosure Statements are the most important documents in temporary support cases.  I may be a bit jaded but it seems to me that the only people who do not complete Disclosures Statements are those with reasons to hide either income or assets.

Please also note that under 13.3.1(d) the rules provide that a completed Disclosure Statement should not be filed with the Clerk of the Circuit Court unless ordered by the Court.  The rules do provide that each party provide a Certificate of Service of the Disclosure Statement upon the other party.  It is the Certificate of Service that has to be filed indicating that the Disclosure Statement has been served upon the other party.  This is done for the purpose of preventing identity theft because of the sensitive nature of disclosures in the completed Disclosure Statement.

Next month we will either discuss the various holdings in the Supreme Court Case of Blum v. Koster, provided that it is released for publication or we will continue of our review of the new Disclosure Rules.

(Editor’s Note:  credit is given to Co-Chair of the Matrimonial Law Committee Anna Markley Bush for her fine presentation on the Amended Part 13 of the Rules of the Circuit Court of Cook County that took place at the November 12, 2009 Dinner Meeting.  That is why it should be almost mandatory for a Family Law Practitioner to attend the Matrimonial Law CLE’s, seminars and meetings that are put on throughout the year).