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1 | | (1) Two copies, including one certified copy of the
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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 or the notice of paternity and support |
7 | | obligation that commenced
the procedure for establishment |
8 | | of the administrative support
order or the administrative |
9 | | paternity order pursuant to Section 10-4 of this Code. |
10 | | (2) A sworn statement by the person requesting
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11 | | registration or a certified copy of the Department payment
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12 | | record showing the amount of any past due support accrued
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13 | | under the administrative support order. |
14 | | (3) The name of the obligor and, if known, the
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15 | | obligor's address and social security number. |
16 | | (4) The name of the obligee and the obligee's address,
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17 | | unless the obligee alleges in an affidavit or pleading
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18 | | under oath that the health, safety, or liberty of the
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19 | | obligee or child would be jeopardized by disclosure of
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20 | | specific identifying information, in which case that
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21 | | information must be sealed and may not be disclosed to the
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22 | | other party or public. After a hearing in which the court
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23 | | takes into consideration the health, safety, or liberty of
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24 | | the party or child, the court may order disclosure of
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25 | | information that the court determines to be in the interest
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26 | | of justice. |
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1 | | (b) The filing of an administrative support order or an |
2 | | administrative paternity order under
subsection (a) |
3 | | constitutes registration with the circuit
court. |
4 | | (c) (Blank). |
5 | | (c-5) Every notice of registration must be accompanied by a |
6 | | copy of the registered administrative support order or the |
7 | | registered administrative paternity order and the documents |
8 | | and relevant information accompanying the order pursuant to |
9 | | subsection (a). |
10 | | (d) (Blank). |
11 | | (d-5) The registering party shall serve notice of the |
12 | | registration on the other party by first class mail, unless the |
13 | | administrative support order or the administrative paternity |
14 | | order was entered by default or the registering party is also |
15 | | seeking an affirmative remedy. The registering party shall |
16 | | serve notice on the Department in all cases by first class |
17 | | mail. |
18 | | (1) If the administrative support order or the
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19 | | administrative paternity order was entered by default |
20 | | against the obligor, the obligor must be served with the |
21 | | registration by any method provided by law for service of |
22 | | summons. |
23 | | (2) If a petition or comparable pleading seeking an |
24 | | affirmative remedy is filed with the registration, the |
25 | | non-moving party must be served with the registration and |
26 | | the affirmative pleading by any method provided by law for |
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1 | | service of summons. |
2 | | (e) A notice of registration of an administrative support
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3 | | order or an administrative paternity order must provide the |
4 | | following information: |
5 | | (1) That a registered administrative order is
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6 | | enforceable in the same manner as an order for support or |
7 | | an order for paternity
issued by the circuit court. |
8 | | (2) That a hearing to contest enforcement of the
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9 | | registered administrative support order or the registered |
10 | | administrative paternity order must be requested
within 30 |
11 | | days after the date of service of the notice. |
12 | | (3) That failure to contest, in a timely manner, the
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13 | | enforcement of the registered administrative
support order |
14 | | or the registered administrative paternity order shall |
15 | | result in confirmation of the order and
enforcement of the |
16 | | order and the alleged arrearages and
precludes further |
17 | | contest of that order with respect to any
matter that could |
18 | | have been asserted. |
19 | | (4) The amount of any alleged arrearages. |
20 | | (f) A nonregistering party seeking to contest enforcement
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21 | | of a registered administrative support order or a registered |
22 | | administrative paternity order shall request
a hearing within |
23 | | 30 days after the date of service
of notice of the |
24 | | registration. The nonregistering party may
seek to vacate the |
25 | | registration, to assert any defense to an
allegation of |
26 | | noncompliance with the registered administrative
support order |
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1 | | or the registered administrative paternity order , or to contest |
2 | | the remedies being sought or the
amount of any alleged |
3 | | arrearages. |
4 | | (g) If the nonregistering party fails to contest the
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5 | | enforcement of the registered administrative
support order or |
6 | | the registered administrative paternity order in a timely |
7 | | manner, the order shall be confirmed
by operation of law. |
8 | | (h) If a nonregistering party requests a hearing to contest
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9 | | the enforcement of the registered administrative
support order |
10 | | or the registered administrative paternity order , the circuit |
11 | | court shall schedule the matter for
hearing and give notice to |
12 | | the parties and the Illinois
Department of the date, time, and |
13 | | place of the hearing. |
14 | | (i) A party contesting the enforcement of a registered |
15 | | administrative support order or a registered administrative |
16 | | paternity order or seeking to vacate
the registration has the |
17 | | burden of proving one or more of the
following defenses: |
18 | | (1) The Illinois Department lacked personal
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19 | | jurisdiction over the contesting party. |
20 | | (2) The administrative support order or the
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21 | | administrative paternity order was obtained by
fraud. |
22 | | (3) The administrative support order or the
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23 | | administrative paternity order has been vacated,
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24 | | suspended, or modified by a later order. |
25 | | (4) The Illinois Department has stayed the
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26 | | administrative support order or the administrative |
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1 | | paternity order pending appeal. |
2 | | (5) There is a defense under the law to the remedy |
3 | | sought. |
4 | | (6) Full or partial payment has been made. |
5 | | (j) If a party presents evidence establishing a full or
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6 | | partial payment defense under subsection (i), the court may
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7 | | stay enforcement of the registered order, continue the
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8 | | proceeding to permit production of additional relevant
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9 | | evidence, and issue other appropriate orders. An uncontested
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10 | | portion of the registered administrative support order or the |
11 | | registered administrative paternity order may be
enforced by |
12 | | all remedies available under State law. |
13 | | (k) If a contesting party does not establish a defense
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14 | | under subsection (i) to the enforcement of the
administrative |
15 | | support order or the administrative paternity order , the court |
16 | | shall issue an order
confirming the administrative support |
17 | | order or the administrative paternity order . Confirmation of
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18 | | the registered administrative support order or the registered |
19 | | administrative paternity order , whether by operation of law or |
20 | | after notice and hearing, precludes further
contest of the |
21 | | order with respect to any matter that could have
been asserted |
22 | | at the time of registration. Upon confirmation,
the registered |
23 | | administrative support order or the registered administrative |
24 | | paternity order shall be treated in
the same manner as a |
25 | | support order or a paternity order entered by the circuit |
26 | | court,
including the ability of the court to entertain a |
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1 | | petition to
modify the administrative support order due to a |
2 | | substantial
change in circumstances or a petition to modify the |
3 | | administrative paternity order due to clear and convincing |
4 | | evidence regarding paternity , or petitions for visitation or |
5 | | custody
of the child or children covered by the administrative |
6 | | support
order or the administrative paternity order . Nothing in |
7 | | this Section shall be construed to alter the
effect of a final |
8 | | administrative support order or a final administrative |
9 | | paternity order , or the restriction
of judicial review of such |
10 | | a final order to the provisions of the
Administrative Review |
11 | | Law, as provided in Sections Section 10-11 and 10-17.7 of this |
12 | | Code.
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13 | | (l) Notwithstanding the limitations of relief provided for |
14 | | under this Section regarding an administrative paternity order |
15 | | and the administrative relief available from an administrative |
16 | | paternity order under Sections 10-12 through 10-14.1 of this |
17 | | Code, a party may petition for relief from a registered final |
18 | | administrative paternity order entered by consent of the |
19 | | parties, excluding a voluntary acknowledgement or denial of |
20 | | paternity as well as an administrative paternity order entered |
21 | | pursuant to genetic testing. The petition shall be filed |
22 | | pursuant to Section 2-1401 of the Code of Civil Procedure based |
23 | | upon a showing of due diligence and a meritorious defense. The |
24 | | court, after reviewing the evidence regarding this specific |
25 | | type of administrative paternity order entered by consent of |
26 | | the parties, shall issue an order regarding the petition. |
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1 | | Nothing in this Section shall be construed to alter the effect |
2 | | of a final administrative paternity order, or the restriction |
3 | | of judicial review of such a final order to the provisions of |
4 | | the Administrative Review Law, as provided in Section 10-17.7 |
5 | | of this Code. |
6 | | (Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.)
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7 | | Section 99. Effective date. This Act takes effect upon |
8 | | becoming law.".
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