Venue

During the pendency of the dissolution proceeding, the court exercising jurisdiction over the parties and the subject matter is the appropriate venue in which to seek a modification of a temporary child support order, even if either party may have taken up residency outside the judicial circuit. It is not uncommon in today’s society for either one or both parties to relocate, whether by necessity or design, and the chances of such relocation are enhanced over the duration of a dissolution proceeding. Nonetheless, the judicial circuit assuming original jurisdiction over the parties will continue such authority through entry of a judgment and until 30 days after entry of a final judgment.

After 30 days from the entry After 30 days from the entry of a judgment or the last modification of a judgment, any further proceedings with respect to the modification and enforcement of that judgment are governed by the venue rules set forth in IMDMA §512, which establishes clear guidelines:

(a) If the respondent does not then reside within this State, further proceedings shall be had either in the judicial circuit wherein the moving party resides or where the judgment was entered or last modified.

(b) If one or both the parties then resides in the judicial circuit wherein the judgment was entered or last modified, further proceedings shall be had in the judicial circuit that last exercised jurisdiction in the matter; provided, however, that the court may in its discretion, transfer matters involving a change in child custody to the judicial circuit were the minor or dependent child resides.

(c) If neither party then resides in the judicial circuit wherein the judgment was entered or last modified, further proceedings shall be had in that circuit or in the judicial circuit wherein either party resides or where the respondent is actively employed; provided, however, that the court may, in its discretion, transfer matters involving a change in child custody to the judicial circuit where the minor or dependent child resides.

In a post-judgment proceeding involving a change in child custody, the court has discretion to transfer the child custody issue to the judicial circuit where the minor or dependent child resides. As a practical matter, judicial economy dictates that a court assuming jurisdiction over post-judgment proceedings resolve all pending issues, including any counter-relief sought by the responding party.

It is important to remember that the post-judgment venue requirements of IMDMA §512 are mandatory and not permissive, with the exception of child custody matters. In re Marriage of Nelson, 128 Ill.App.3d 635, 470 N.E.2d 627, 83 Ill.Dec. 501 (2d Dist. 1984). Venue may be challenged by a motion to transfer the proceeding to a proper venue as provided in the Illinois Code of Civil Procedure. See 735 ILCS 5/2-104. However, objection to venue is waived if not made within the time set for the respondent to answer. 750 ILCS 5/512(d). A post-judgment proceeding is not considered a new action, and therefore a party is not entitled to a change of judge as a matter of right. In re Marriage of Kozloff, 101 Ill.2d 526, 463 N.E.2d 719 Ill.Dec. 165 (1984).

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