4.01 Family Division Assignments - Winnebago County
4.02 Domestic Relations Division - Assignment of Cases
4.03 Domestic Relations Division - Prove-Up and Motion Schedules - Winnebago County
4.04 Dissolution of Marriage - Transcript Fee
4.05 Educational Program for Parents
4.06 Duties of Guardian Ad Litem in Matters Involving Custody or Visitation
4.07 Civil Fee Waivers Affecting Guardian ad Litem and Mediator Fees
4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division
4.09 Reserved
4.10 Shelter Care Expenses Certifications
4.11 Reserved
4.12 Drug/Alcohol Family Assistance Program - Release of Information
4.13 Court Interview of Minors
4.14 Reserved

4.01 Family Division Assignments - Winnebago County

1. Matters concerning the following shall be heard before the Family Division:
   1. Dissolution With Children
   2. Dissolution Without Children
   3. Family
   4. Adoption
   5. Orders of Protection
2. A date for the next hearing will always be set each time a matter is before the Court.
3. Judges assigned to the division:
   1. Judges Joseph P. Bruscato, Nicholas O. Meyer, Todd A. Ramlow, Stephen E. Balogh, and Amy K. Peterman are assigned full-time to the Family Division.
   2. Judge Steven L. Nodquist is assigned part-time to the Family Division.

In addition to the above assignments, the Chief Judge may also assign any Judge to any individual case or call as the Chief Judge deems appropriate.

Amended: 12/09/2024

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4.02 Domestic Relations Division - Assignment of Cases

1. Each dissolution case upon filing shall be assigned on a rotation basis. All proceedings of that case, except prove-ups, stipulations and orders of protection, shall be heard by the assigned judge, except with leave of court.
2. In accordance with Supreme Court Rule 903, whenever possible and appropriate, all child custody and allocation of parental responsibilities proceedings relating to an individual child shall be conducted by a single judge. Whenever a child custody proceeding or allocation of parental responsibilities(as defined in Rule 900 of the Supreme Court Rules) is filed, and there is a child custody or allocation of parental responsibilities matter already pending before another judge involving the same child, the judges shall confer as often as needed and jointly determine which court(s) shall control and hear said issues and shall consider the impact of such orders on siblings, relatives and parties in each case as well as whether consolidation of such cases may be impracticable because of the arrangement of courtrooms, facilities and assignment of auxiliary court personnel.

Amended: 05/29/2018

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4.03 Domestic Relations Division - Prove-Up and Motion Schedules - Winnebago County

Prove-ups shall be set with the Clerk before the assigned judge at the designated times identified above.

Case Management Conferences will be set six (6) months after case filings, unless the matter involves minor children as specified by Supreme Court Rule 904, in which case, the Case Management Conference shall be set no more than  ninety (90) days after case filings.  Case Management Order will be due on that date.  If the parties do not appear in person or by an attorney at the Case Management Conference, the case may be dismissed.

Amended: 10/06/2020

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4.04 Dissolution of Marriage - Transcript Fee

It is hereby ordered that the existing General Order 4.04 Dissolution of Marriage - Transcript Fee is abolished in its entirety retroactive to October 1, 1997. The number 4.04 of the General Orders shall be reserved until further order of the Court.

Last Updated:1/98

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4.05 Educational Program for Parents

Pursuant to 750 ILCS 5/404.1 and 750 ILCS 45/14(a), the court finds that it is in the best interest of the children that all parties with minor children involved in: (1) a pre-judgment of dissolution proceeding; (2) a post-dissolution dispute involving children; and/or (3) a parentage act proceeding in which custody and/or visitation issues are in dispute; should participate in a 17th Circuit approved educational program to help parents understand the effects of conflict, parental relationships and separation/divorce on children and provides information and strategies for effective parenting, hereafter referred to as an “Educational Program for Parents”.

It is therefore ordered that both parties with minor children to any proceeding under the Illinois Marriage and Dissolution of Marriage Act filed on or after December 1, 2002, or to any proceeding involving disputed issues of custody or visitation under the Illinois Parentage Act of 1984 filed on or after May 20, 2014 in the Seventeenth Judicial Circuit shall be required to attend a court-approved Educational Program for Parents unless otherwise waived by the court for good cause shown upon the filing of a written petition by one or both parties. A court-approved online Educational Program for Parents may be permitted by order of the court.

Parties shall complete an Educational Program for Parents within ninety (90) days of: (1) the filing and/or service of any petition for dissolution of marriage involving minor children; (2) the filing and/or service of any petition to establish parentage by a private party where the issue of parentage is not disputed by the respondent and no final custody order or judgment has been entered; or (3) the filing of any post-judgment petition in a dissolution or parentage case in which (a) the petition raises disputed issues of custody and/or visitation; and (b) the parties have not previously attended an Educational Program for Parents.

A certificate of program completion shall be submitted to the court or filed with the Circuit Clerk prior to the entry of the final custody order or final judgment of dissolution of marriage or, if ordered by the court, before the entry of any order modifying a previously entered order establishing the parties' rights with respect to custody and visitation.

It is further ordered that the court in pending dissolution, post-dissolution or parentage cases involving child custody or child visitation matters may require, in its discretion, that the parties attend an Educational Program for Parents in any case in which the record of the proceeding does not reflect that the parties have previously filed a certificate of program completion. The court may also, in its discretion, decline to schedule hearings or mediation on matters involving child custody and/or visitation until both parties have completed an Educational Program for Parents and have submitted or filed a certificate of program completion.

Revised 06/22/2017

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4.06 Duties of Guardian Ad Litem in Matters Involving Custody or Visitation

1. Appointment of a guardian ad litem for a minor in a case involving custody or visitation issues requires the following baseline of activity:
   1. Interviews of the child, the parents, any prospective custodian(s) and investigate any other matter designated by the Court at the time of appointment.
   2. Review of relevant court pleadings and materials from the parties that identify the custody and visitation issues.
   3. A visit to the child’s current or proposed dwelling, if an issue concerning the adequacy of the home environment has been raised by a party or if the GAL has cause to believe that the home environment is relevant to his or her recommendations.
   4. Where the Department of Children and Family Services is involved, obtaining DCFS records and speaking to appropriate DCFS representatives (obtaining parental consent as necessary).
   5. Interviews with the minor's educational and mental health providers, only if the GAL determines that such interviews are essential to the issues before the Court.
   6. Issuance of a concise written report summarizing the GAL’s investigation, findings, and any recommendations. (With the Court’s approval, the GAL may skip this step where the issues are simple and a report is not justified).
   7. Taking calls from the minor, as necessary.
   8. Preparing for and testifying at the temporary or final custody hearing if ordered by the Court or requested by a party and approved by the Court.
   9. Appearing in Court at times if ordered by the Court or requested by a party and approved by the Court.
2. Where the GAL finds that additional activities are essential to his or her investigation, such as in situations involving child safety, and circumstances make it impractical or impossible to obtain prior court approval, the GAL may proceed to undertake such activities but shall seek approval of them from the Court as soon as practicable.
3. Within 30 days of the entry of an order appointing a GAL, any party wishing to suggest particular interviews or other activity on the part of the GAL must submit such a request in writing to the GAL, with copies to opposing parties and the Court. The request must make clear why the interview or other activity is necessary to the GAL’s investigation and evaluation. Such a request should be considered by the GAL but is not binding on the GAL.
4. If the GAL seeks to conduct any activity beyond that specified in Paragraph 1 above, or if any party requests further activity by the GAL, an order approving such activity must be obtained from the Court. Any such order must address the terms for compensation of the GAL for conducting such additional activity.
5. A Petition for Compensation filed by a GAL in a case involving custody or visitation issues shall be in substantial compliance with the following format:

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT

STATE OF ILLINOIS

COUNTY OF _____________________

Plaintiff ]

vs. ] No.______________________

Defendant. ]

PETITION FOR COMPENSATION

NOW COMES the Petitioner, Attorney, _____________, and for his/her request for compensation in the above captioned matter states as follows:

1. Petitioner was appointed by the court as guardian ad litem for the minor(s) in this matter on ______________.
2. The rates of compensation for his/her court appointed guardian ad litem services are as set by the minimum rates established by Illinois Supreme Court Rule 299.
3. The following is an itemization of hours Petitioner spent in the performance of baseline guardian ad litem activities as specified in Seventeenth Circuit General Order 4.06(1)(a)-(e):

   Description Hours Rate Total

4. Based on an order entered ____________ approving such activities, the following is an itemization of hours Petitioner spent in the performance of activities beyond the scope of baseline guardian ad litem activities as specified in Seventeenth Circuit General Order 4.06(1)(a)-(e):

   Description Hours Rate Total

5. These amounts requested total ____________ and represent the reasonable and necessary fees for work performed in this matter.

   WHEREFORE Petitioner prays that this Honorable Court enter an Order setting a reasonable sum as and for guardian ad litem fees herein.

   ____________________________________

   Petitioner

   STATE OF ILLINOIS )

   ) SS.

   COUNTY OF __________ )

   I, _____________________, being first duly sworn on oath or affirmation state that he/she is the Petitioner in the above cause, that he/she knows the contents of the foregoing petition, and that the same is true and correct to the best of his/her knowledge.

   _____________________________________

   SUBSCRIBED AND SWORN to before

   me this _________ day of ___________, ________

   ________________________________

   Notary Public

Enacted 11/18/2014, Amended 3/19/2015

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4.07 Civil Fee Waivers Affecting Guardian ad Litem and Mediator Fees

1. This section applies to Guardian ad Litem (GAL) or Mediator appointments made in Dissolution, Family, and related Order of Protection cases.
2. The court will determine whether a Guardian ad Litem (GAL) or Mediator should be appointed, sue sponte or upon the request of either party. The court will consider whether to appoint a particular GAL or Mediator suggested jointly by the parties.
3. The court shall make an initial determination of each party’s ability to pay GAL or Mediator fees.
4. The Order Appointing GAL or Mediator shall indicate what percentage each party is to bear for services rendered by the GAL or Mediator.
   1. If one party does not have a fee waiver, and the other has a full or partial fee waiver, the party without a fee waiver shall be responsible for 100% of the GAL or Mediator fees. If one party is assigned 100% of appointed attorney fees, then said party may petition the Court for contribution from the other party in an amount not in excess of what is legally permissible based on fee waiver eligibility.
   2. If both parties have full or partial fee waivers, the court shall determine how the GAL or Mediator fees shall be paid, following the guideline percentages listed in the chart below:
   
5. An Order Appointing a GAL or Mediator shall indicate the hourly rate for services rendered.
   1. When both parties have either full or partial fee waivers, consistent with the provisions of Illinois Supreme Court Rule 299, the hourly rates for non-contractual court appointments will be set as set forth below:
      1. The hourly rate for an appointed Mediator is set at $100.00; and
      2. The hourly rate for an appointed GAL is set at $150.00.
   2. When neither or only one party has a full or partial fee waiver, the hourly rate will be set by the GAL or Mediator.
6. Appointed attorneys obligating public funds shall submit Fee Petitions and Invoices as referenced in Local Rule 2.17.
7. The terms of the Order of Appointment may be prospectively overridden by the entry of an order granting a full or partial Civil Fee Waiver. It is incumbent on the parties to request modification to the Order of Appointment.

Enacted 1/2/2024

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4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division

A. Procedure for Scheduling a Virtual Case

To the extent possible, the Family Division intends to use remote hearing procedures similar to those followed for in-person hearings. The Division sets the following procedure for virtual hearings. This procedure applies to attorneys and Self-Represented Litigants (SRL).

1.Counsel or Self-Represented Litigant (SRL) files a Motion and obtains a Court date with the Clerk of the Court, following the procedure set forth at https://tinyurl.com/virtualcourt17 

2. The moving party provides notice to the other party(ies), to include notice of the virtual hearing date and time, with the Meeting ID, and Zoom phone number of (312) 626-6799, which may be used if the party is unable to join on a computer or smartphone.

3. If an opposing party files a response to the Motion with the Clerk, they shall provide a copy of the response and provide notice to the other party(ies).

4. Any counsel or SRL may forward the virtual invitation and/or Meeting ID to attorneys of record, parties of record and necessary witnesses only.

5. Counsel, SRL, parties and witnesses attending a virtual hearing will enter be a virtual waiting room until admitted by the judge into the Virtual Courtroom. You should remain muted until your case is called. You should also ensure that your screen name contains your title and legal name. During this time the Court may be hearing other cases also set for virtual hearings. The Court is limiting the number of virtual hearing cases set for specific times on the docket in order to reduce waiting time.

6. If a witness is scheduled to appear in the Virtual Courtroom, witnesses should remain in the Waiting Room until they are called to testify. The Court may provide further instruction regarding a specific time to appear.

B. Procedure for Submission of Documents for a Virtual Hearing Other than a Prove-Up

1. Any Court documents or exhibits required for a virtual hearing shall be exchanged between the parties, courtesy copies to the Court, no later than 4:30 pm three business days before the virtual hearing.

2. Courtesy copies for the judge shall be submitted/delivered through eFileIL, as separate documents in the same e-filing envelope, unless an E-Filing Waiver is granted. Those in Winnebago County will receive notice that the filing is rejected, but forwarded to the judge. Filers in Boone County will receive a note that they are received but not file stamped. The court may request additional courtesy copies to be submitted via email or hand-delivery on a case by case basis.

3. The labeling and titling of exhibits shall follow the below guidelines:

a. An Exhibit List is required if more than one Exhibit is filed. Exhibit lists shall include the case number, the hearing date that the exhibits are being produced for, the submitting party, and list each number of each exhibit with a short description of the exhibit.

i. For example: Plaintiff John Doe Exhibit List for Hearing on 1/1/2020 – 2012D125

1      Plaintiff’s Paystubs

2      2019 Tax Return of Plaintiff

b. Each exhibit shall be labeled. This shall be done through a cover page and shall include the submitting party, Exhibit number, short description, page number and case number: For example: “Plaintiff’s Ex. 1: Plaintiff’s Paystubs – Page 1 of 2– 2012D125”. If an Exhibit List is not submitted because just one exhibit is being presented, the date of the hearing must also be included in the cover page.

Each page of the exhibit shall be page numbered and reference the exhibit number. For example: P. Ex. 1 - Pg 2. This should be in the header or at the top of the document.

c. The Filing Description, or document name, of each exhibit shall be in the following format: [P or D for Plaintiff or Defendant] [dash] [number of exhibit] [dash] [Case number]. No spaces should be utilized, only dashes. If there is more than one plaintiff and/or defendant, then P1, P2, D1, D2 et. seq. shall be utilized. Naming in this way assists the judges in organizing the electronic exhibit folder.

i. For example:

P-1-2012D125 (For Plaintiff’s first exhibit, when one plaintiff named)

P-2-2012D125 (For Plaintiff’s second exhibit)

P-3-2012D125 (For Plaintiff’s third exhibit)

D-1-2012D125

D-2-2012D125

ii. An example for a case with multiple parties:

P1-1-2012D125 (For Plaintiff 1’s first exhibit)

P1-2-2012D125 (For Plaintiff 1’s second exhibit)

P2-1-2012D125 (For Plaintiff 2’s first exhibit)

P2-2-2012D125 (For Plaintiff 2’s second exhibit)

4. Examples of exhibits to be provided to the judge in advance of the hearing include documents, photos, print-outs of social media posts and print-outs of text messages. When possible, copies of text messages or emails should include the electronic timestamps showing the date and time of each message as well as the contact information of the sender (phone number and/or email address).

5. Parties must be prepared to “Share Screen” each exhibit for presentment at the hearing.

6. Non-documentary electronic video evidence or physical media (such as video or audio recordings on thumb drives, DVDs, external hard drives) shall not be submitted to the court without advanced approval.

Should a party wish to present non-documentary electronic video evidence or physical media, the Court may:

a. Reschedule a hearing date for the in person presentation of such exhibits; or

b. Approve such a request directing how the evidence will be presented subject to the following standard conditions:

i. The parties shall submit their electronic video evidence or physical evidence to the Clerk’s Office 48 hours prior to the remote proceeding.

ii. The parties shall include a self-addressed stamped envelope for the return of such evidence in the event that the evidence is not presented at hearing.

C. Procedures for Submission of Agreed Orders and Orders Resulting from a Virtual or In-Person Hearing

1. Orders submitted shall comply with General Order 9.14 and Local Rule 8.

2. Orders submitted as a result from a previously held court hearing shall include the Filing Description of “[Hearing Date] Order Resulting from Court”. The order shall also state the date of the hearing the orders results from.

3. Agreed Orders shall include the Filing Description of “Agreed Order”.

4. Orders and Documents submitted pursuant to Section D. below, shall include the Filing Description of “[Prove Up Date] Prove Up [Name of Document]”.

5. No orders shall be submitted other than Agreed Orders, orders resulting from a previously held hearing, or as a result of a County Pay GAL Fee Petition filed under Local Rule 2.17, unless as part of a Prove-Up Packet as described in Section D, below.

D. Required Proposed Orders and Court Documents for Agreed Uncontested Judgment for Dissolution of Marriage (Prove-up Packets)

1. Prove-up packets shall be submitted through eFileIL as separate documents in the same e-filing envelope and exchanged by 4:30 pm three business days before the hearing, unless E-Filing Waiver is granted. The following documents are required for prove-up hearings, and failure to submit documents as required could result in delay of the proceedings:

a. Proposed Judgment for Dissolution of Marriage.* Required for all cases.

b. Certificate of Dissolution of Marriage.* (4 Copies, each labeled to designate the appropriate entity that will be receiving the document). Required for all cases.

c. Marital Settlement Agreement. Optional document. Not required.

d. Proposed Parenting Plan.* Required for all cases with children under 18.

e. Order of Support with worksheet.* Required in all cases where maintenance or child support is ordered.

i. Child Support worksheet. Required in all cases where there are children under 18 or still in high school. Parties who have children under 18, or 18 years old and still in high school, must run child support calculations following Illinois child support guidelines. This child support is based on the income of both parents. Parties can calculate Illinois guideline child support at the following website: https://cscwebext.hfs.illinois.gov/CscWebEx/app/estimator?execution=e1s1 After entering the required information, at the bottom of the screen, click the “calculate” tab. This will give the estimated child support guideline amount. After clicking “calculate” there will be a tab marked “worksheet.” Click this tab to get a chart containing the child support calculation. Print the worksheet This must be done even if the parties do not want the Judge to enter a child support order, or if they want the Judge to set child support lower or higher than what the guidelines require. The Judge must know what Illinois guideline child support requires before the Judge can decide to enter an order for a lower (or higher) amount than required. Parties also can calculate child support by referring to 750 ILCS 5/505(a)(1) or by using other child support calculation software programs.

ii. Maintenance worksheet. Required in all cases where maintenance is ordered. When maintenance will be ordered, the parties must provide a worksheet, which is a document created by the party, showing how guideline maintenance is calculated calculating the amount of maintenance and duration of maintenance required under Illinois statutory guidelines. This must be done even if the parties want the Judge to order maintenance higher or lower than what the guidelines require. Parties can calculate maintenance by referring to 750 ILCS 5/504(b-1)(1) or by using maintenance calculation software programs.

f. PACT Certificates. Required in all cases where there are children under 18. Parents with children under 18 must complete the PACT Program. Parents can attend PACT online during the coronavirus crisis. Contact PACT at (815) 877-7228 or www.familymatters-pact.com. Proof of completion must be filed before the hearing. The PACT Program usually files proof of attendance with the Clerk. However, parties must check to make sure the certificate was filed.

g. Qualified Domestic Relations Order(s). Optional document. Not required.

h. All forms designated by * are available at the Circuit Clerk’s Office: http://www.cc.co.winnebago.il.us/court-forms-winnebagocounty/ Or https://boonecircuitclerk.us/page/66/forms.

2. Virtual Prove-Ups. Prove-up hearings for cases with agreed Judgements of Dissolution may be scheduled to be heard in a Virtual Courtroom. Notice must be provided to the opposing party in accordance with Supreme Court Rules 11 and 12.

In cases of default, notice to the defaulted party must be provided in accordance with Local Rule 14.05. ALL PROPOSED ORDERS, COURT DOCUMENTS AND EXHIBITS MUST BE PREPARED AND SUBMITTED AT LEAST THREE BUSINESS DAYS IN ADVANCE IN THE MANNER STATED IN THIS ORDER.

Revised 3/28/2022

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4.09 Reserved

(Contents of this General Order are not included in General Order 7.02)

Amended: 03/06/2012

Page 4-1

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4.10 Shelter Care Expenses Certifications

The following are hereby authorized to certify as required by Sec. 6-10 of the Juvenile Justice Reform Provision of 1998 (705 ILCS 405/6-10) the amounts of money spent for the care of a minor placed in shelter care:

PresidingJudgefor Boone County.

The Presiding Judge of the Family Division for Winnebago County.

Last Updated:11/26/2008

Page: 4-J

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4.11 Reserved

[Nothing on Page]

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4.12 Drug/Alcohol Family Assistance Program - Release of Information

The court having been fully advised of the purpose of the Drug/Alcohol Family Assistance Program (DAFA) and of the methodology to be utilized in the furtherance of that purpose, and the court having considered the potential benefits to minors who may be evaluated by DAFA, therefore finds:

1. That DAFA is consistent with the purpose and policy of the Juvenile Court Act of 1998, 705 ILCS 405/1-2;and
2. That implementation of the program would be in the best interest of the minors who may be served by it.

   Therefore, it is ordered:

   1. That the Juvenile Probation Division, Department of Court Services, 17th Judicial Court, and the duly constituted police agencies of Winnebago and Boone Counties shall cooperate with DAFA and its personnel in implementation of the program;
   2. That in order to facilitate such implementation said juvenile division and said police agencies may release information to DAFA personnel that would otherwise be confidential under the Juvenile Court Act of 1998, pursuant to the court's authority to authorize such a release under paragraphs 405/1-7 and 405/1-8 of the Juvenile Court Act of 1998;
   3. That DAFA personnel shall not further release such information without further authority.

Last Updated: 12/01

Page: 4-L

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4.13 Court Interview of Minors

In consideration of the best interest of a child, no minor shall be brought to court for the purpose of being interviewed by the court pursuant to 750 ILCS 5/604(a) without prior court approval.

Last Updated: 9/92

Page: 4-M

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4.14 Reserved

Editor's Note: Family Mediation Rules can now be found atLocal Rule 14.08

Last Updated:3/01

Page: 4-N

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