Full Text of HB1485 99th General Assembly
HB1485ham001 99TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 3/10/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1485
| 2 | | AMENDMENT NO. ______. Amend House Bill 1485 on page 1, line | 3 | | 5, after "10-14.1", by inserting "and 10-15.1"; and | 4 | | on page 2, by inserting immediately below line 14 the | 5 | | following:
| 6 | | "(305 ILCS 5/10-15.1) | 7 | | Sec. 10-15.1. Judicial registration of administrative
| 8 | | support orders and administrative paternity orders . | 9 | | (a) A final administrative support order or a final | 10 | | administrative paternity order, excluding a voluntary | 11 | | acknowledgement or denial of paternity that is governed by | 12 | | other provisions of this Code, the Illinois Parentage Act of | 13 | | 1984, and the Vital Records Act, established by the
Illinois | 14 | | Department under this Article X may be registered in
the | 15 | | appropriate circuit court of this State by the Department
or by | 16 | | a party to the order by filing: |
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| 1 | | (1) Two copies, including one certified copy of the
| 2 | | order to be registered, any modification of the | 3 | | administrative
support order, any voluntary acknowledgment | 4 | | of paternity
pertaining to the child covered by the order, | 5 | | and the documents
showing service of the notice of support | 6 | | obligation that commenced
the procedure for establishment | 7 | | of the administrative support
order or the administrative | 8 | | paternity order pursuant to Section 10-4 of this Code. | 9 | | (2) A sworn statement by the person requesting
| 10 | | registration or a certified copy of the Department payment
| 11 | | record showing the amount of any past due support accrued
| 12 | | under the administrative support order. | 13 | | (3) The name of the obligor and, if known, the
| 14 | | obligor's address and social security number. | 15 | | (4) The name of the obligee and the obligee's address,
| 16 | | unless the obligee alleges in an affidavit or pleading
| 17 | | under oath that the health, safety, or liberty of the
| 18 | | obligee or child would be jeopardized by disclosure of
| 19 | | specific identifying information, in which case that
| 20 | | information must be sealed and may not be disclosed to the
| 21 | | other party or public. After a hearing in which the court
| 22 | | takes into consideration the health, safety, or liberty of
| 23 | | the party or child, the court may order disclosure of
| 24 | | information that the court determines to be in the interest
| 25 | | of justice. | 26 | | (b) The filing of an administrative support order or an |
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| 1 | | administrative paternity order under
subsection (a) | 2 | | constitutes registration with the circuit
court. | 3 | | (c) (Blank). | 4 | | (c-5) Every notice of registration must be accompanied by a | 5 | | copy of the registered administrative support order or the | 6 | | registered administrative paternity order and the documents | 7 | | and relevant information accompanying the order pursuant to | 8 | | subsection (a). | 9 | | (d) (Blank). | 10 | | (d-5) The registering party shall serve notice of the | 11 | | registration on the other party by first class mail, unless the | 12 | | administrative support order or the administrative paternity | 13 | | order was entered by default or the registering party is also | 14 | | seeking an affirmative remedy. The registering party shall | 15 | | serve notice on the Department in all cases by first class | 16 | | mail. | 17 | | (1) If the administrative support order or the | 18 | | administrative paternity order was entered by default | 19 | | against the obligor, the obligor must be served with the | 20 | | registration by any method provided by law for service of | 21 | | summons. | 22 | | (2) If a petition or comparable pleading seeking an | 23 | | affirmative remedy is filed with the registration, the | 24 | | non-moving party must be served with the registration and | 25 | | the affirmative pleading by any method provided by law for | 26 | | service of summons. |
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| 1 | | (e) A notice of registration of an administrative support
| 2 | | order or an administrative paternity order must provide the | 3 | | following information: | 4 | | (1) That a registered administrative order is
| 5 | | enforceable in the same manner as an order for support or | 6 | | an order for paternity
issued by the circuit court. | 7 | | (2) That a hearing to contest enforcement of the
| 8 | | registered administrative support order or the registered | 9 | | administrative paternity order must be requested
within 30 | 10 | | days after the date of service of the notice. | 11 | | (3) That failure to contest, in a timely manner, the
| 12 | | enforcement of the registered administrative
support order | 13 | | or the registered administrative paternity order shall | 14 | | result in confirmation of the order and
enforcement of the | 15 | | order and the alleged arrearages and
precludes further | 16 | | contest of that order with respect to any
matter that could | 17 | | have been asserted. | 18 | | (4) The amount of any alleged arrearages. | 19 | | (f) A nonregistering party seeking to contest enforcement
| 20 | | of a registered administrative support order or a registered | 21 | | administrative paternity order shall request
a hearing within | 22 | | 30 days after the date of service
of notice of the | 23 | | registration. The nonregistering party may
seek to vacate the | 24 | | registration, to assert any defense to an
allegation of | 25 | | noncompliance with the registered administrative
support order | 26 | | or the registered administrative paternity order , or to contest |
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| 1 | | the remedies being sought or the
amount of any alleged | 2 | | arrearages. | 3 | | (g) If the nonregistering party fails to contest the
| 4 | | enforcement of the registered administrative
support order or | 5 | | the registered administrative paternity order in a timely | 6 | | manner, the order shall be confirmed
by operation of law. | 7 | | (h) If a nonregistering party requests a hearing to contest
| 8 | | the enforcement of the registered administrative
support order | 9 | | or the registered administrative paternity order , the circuit | 10 | | court shall schedule the matter for
hearing and give notice to | 11 | | the parties and the Illinois
Department of the date, time, and | 12 | | place of the hearing. | 13 | | (i) A party contesting the enforcement of a registered | 14 | | administrative support order or a registered administrative | 15 | | paternity order or seeking to vacate
the registration has the | 16 | | burden of proving one or more of the
following defenses: | 17 | | (1) The Illinois Department lacked personal
| 18 | | jurisdiction over the contesting party. | 19 | | (2) The administrative support order or the | 20 | | administrative paternity order was obtained by
fraud. | 21 | | (3) The administrative support order or the | 22 | | administrative paternity order has been vacated,
| 23 | | suspended, or modified by a later order. | 24 | | (4) The Illinois Department has stayed the
| 25 | | administrative support order or the administrative | 26 | | paternity order pending appeal. |
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| 1 | | (5) There is a defense under the law to the remedy | 2 | | sought. | 3 | | (6) Full or partial payment has been made. | 4 | | (j) If a party presents evidence establishing a full or
| 5 | | partial payment defense under subsection (i), the court may
| 6 | | stay enforcement of the registered order, continue the
| 7 | | proceeding to permit production of additional relevant
| 8 | | evidence, and issue other appropriate orders. An uncontested
| 9 | | portion of the registered administrative support order or the | 10 | | registered administrative paternity order may be
enforced by | 11 | | all remedies available under State law. | 12 | | (k) If a contesting party does not establish a defense
| 13 | | under subsection (i) to the enforcement of the
administrative | 14 | | support order or the administrative paternity order , the court | 15 | | shall issue an order
confirming the administrative support | 16 | | order or the administrative paternity order . Confirmation of
| 17 | | the registered administrative support order or the | 18 | | administrative paternity order , whether by operation of law or | 19 | | after notice and hearing, precludes further
contest of the | 20 | | order with respect to any matter that could have
been asserted | 21 | | at the time of registration. Upon confirmation,
the registered | 22 | | administrative support order or the administrative paternity | 23 | | order shall be treated in
the same manner as a support order or | 24 | | a paternity order entered by the circuit court,
including the | 25 | | ability of the court to entertain a petition to
modify the | 26 | | administrative support order due to a substantial
change in |
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| 1 | | circumstances or a petition to modify the administrative | 2 | | paternity order due to clear and convincing evidence regarding | 3 | | paternity , or petitions for visitation or custody
of the child | 4 | | or children covered by the administrative support
order or the | 5 | | administrative paternity order . Nothing in this Section shall | 6 | | be construed to alter the
effect of a final administrative | 7 | | support order or a final administrative paternity order , or the | 8 | | restriction
of judicial review of such a final order to the | 9 | | provisions of the
Administrative Review Law, as provided in | 10 | | Sections Section 10-11 and 10-17.7 of this Code.
| 11 | | (Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.)".
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