Illinois Compiled Statutes

750 ILCS 5/509 (2026)

Independence of provisions of judgment or temporary order

✓ current as of May 2026
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(750 ILCS 5/509) (from Ch. 40, par. 509)
    Sec. 509. Independence of provisions of judgment or temporary order. If a party fails to comply with a provision of a judgment, order, or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation or parenting time is not suspended; but the other party may move the court to grant an appropriate order.
(Source: P.A. 103-967, eff. 1-1-25.)

    
Notes of Decisions
Cited in 4 cases, 1993–2020 · leading case: In re Marriage of Heldebrandt, 703 N.E.2d 939 (Ill. App. Ct. 1998).
In re Marriage of Heldebrandt, 703 N.E.2d 939 (Ill. App. Ct. 1998). “Section 509 of the Act specifically provides that visitation and child support are independent and ‘[i]f a party fails to comply with a provision of a judgment, order or injunction, the obligation of the other party to make payments for support or maintenance or to permit…”
In Re Marriage of Avery, 622 N.E.2d 1231 (Ill. App. Ct. 1993). “” 750 ILCS 5/509 (West 1992) (formerly Ill.”
In re Marriage of Popa, 2013 IL App (1st) 130818 (Ill. App. Ct. 2013). · cites it 2× “She argues that (1) Popa did not move the trial court to grant an appropriate order when he moved to abate child support under section 509 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/509 (West 2012)); and (2) the trial court’s order establishing…”
In re Marriage of Noyes, 2020 IL App (2d) 200007-U (Ill. App. Ct. 2020). “” 750 ILCS 5/509 (West 2018). In any event, Jeffrey’s reliance on such authority is inapposite as we find no evidence that the trial court’s decision was motivated by any misconduct on Jeffrey’s part.”
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