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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6259
Introduced 2/11/2010, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED:
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Amends the Illinois Parentage Act of 1984.
Requires the court to vacate a child
support
order entered under the Act if the court finds, by clear and convincing
evidence, that the moving
party is not the
biological father of the child who is the subject of the support order and that
the obligee
maliciously misrepresented the paternity of the child to the
obligor. Requires the obligor to file the motion to vacate the support order
within 2
years after the
discovery of evidence that he is not the biological father of the child.
Permits the obligor
to bring an action against the obligee or the true biological
father of the
child to obtain restitution for child support previously paid pursuant to the
order, if the court vacates the support order.
Provides that any judgment obtained in an action for restitution may not be
enforced against the mother until after the child for whom the vacated support
order was entered is 18 years old or is otherwise emancipated. Provides that
any wage deduction or garnishment action taken to enforce a judgment for
restitution against the true biological father shall stand behind any
withholding order entered against the true biological father for the support of
the child for whom the vacated support order had been entered. Provides that
if the support order is vacated, the court shall also vacate the
judgment or adjudication of paternity under which the support order was
entered.
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A BILL FOR
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HB6259 |
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LRB096 19471 AJO 34863 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Parentage Act of 1984 is amended
by |
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| adding Section 29 as follows:
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| (750 ILCS 45/29 new)
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| Sec. 29. Paternity fraud.
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| (a) Notwithstanding any provisions of this Act
to
the |
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| contrary,
the court shall vacate a support order entered |
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| pursuant to this Act if the
court finds, by clear and
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| convincing evidence, upon motion by the obligor
that (1) the |
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| obligor is not the biological father of the child who is the
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| subject of the
support order, and (2) the obligee maliciously |
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| misrepresented
the
paternity of the child to the obligor.
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| (b) The obligor shall file a motion to
vacate the support |
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| order
within 2 years after the discovery of evidence that he is |
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| not the biological father of
the child.
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| (c) If the
support order is vacated, the obligor may bring |
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| an action against
the obligee or
the true biological father of |
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| the child to obtain restitution for up to 5 years of child |
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| support
previously
paid pursuant to the support order. Any |
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| judgment obtained in an action for
restitution may not be |
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| enforced against the mother until after the
child for whom the |