Full Text of HB1485 99th General Assembly
HB1485enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 10-15.1 as follows: | 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: | 17 | | (1) Two copies, including one certified copy of the
| 18 | | order to be registered, any modification of the | 19 | | administrative
support order, any voluntary acknowledgment | 20 | | of paternity
pertaining to the child covered by the order, | 21 | | and the documents
showing service of the notice of support | 22 | | obligation or the notice of paternity and support | 23 | | obligation that commenced
the procedure for establishment |
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| 1 | | of the administrative support
order or the administrative | 2 | | paternity order pursuant to Section 10-4 of this Code. | 3 | | (2) A sworn statement by the person requesting
| 4 | | registration or a certified copy of the Department payment
| 5 | | record showing the amount of any past due support accrued
| 6 | | under the administrative support order. | 7 | | (3) The name of the obligor and, if known, the
| 8 | | obligor's address and social security number. | 9 | | (4) The name of the obligee and the obligee's address,
| 10 | | unless the obligee alleges in an affidavit or pleading
| 11 | | under oath that the health, safety, or liberty of the
| 12 | | obligee or child would be jeopardized by disclosure of
| 13 | | specific identifying information, in which case that
| 14 | | information must be sealed and may not be disclosed to the
| 15 | | other party or public. After a hearing in which the court
| 16 | | takes into consideration the health, safety, or liberty of
| 17 | | the party or child, the court may order disclosure of
| 18 | | information that the court determines to be in the interest
| 19 | | of justice. | 20 | | (b) The filing of an administrative support order or an | 21 | | administrative paternity order under
subsection (a) | 22 | | constitutes registration with the circuit
court. | 23 | | (c) (Blank). | 24 | | (c-5) Every notice of registration must be accompanied by a | 25 | | copy of the registered administrative support order or the | 26 | | registered administrative paternity order and the documents |
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| 1 | | and relevant information accompanying the order pursuant to | 2 | | subsection (a). | 3 | | (d) (Blank). | 4 | | (d-5) The registering party shall serve notice of the | 5 | | registration on the other party by first class mail, unless the | 6 | | administrative support order or the administrative paternity | 7 | | order was entered by default or the registering party is also | 8 | | seeking an affirmative remedy. The registering party shall | 9 | | serve notice on the Department in all cases by first class | 10 | | mail. | 11 | | (1) If the administrative support order or the
| 12 | | administrative paternity order was entered by default | 13 | | against the obligor, the obligor must be served with the | 14 | | registration by any method provided by law for service of | 15 | | summons. | 16 | | (2) If a petition or comparable pleading seeking an | 17 | | affirmative remedy is filed with the registration, the | 18 | | non-moving party must be served with the registration and | 19 | | the affirmative pleading by any method provided by law for | 20 | | service of summons. | 21 | | (e) A notice of registration of an administrative support
| 22 | | order or an administrative paternity order must provide the | 23 | | following information: | 24 | | (1) That a registered administrative order is
| 25 | | enforceable in the same manner as an order for support or | 26 | | an order for paternity
issued by the circuit court. |
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| 1 | | (2) That a hearing to contest enforcement of the
| 2 | | registered administrative support order or the registered | 3 | | administrative paternity order must be requested
within 30 | 4 | | days after the date of service of the notice. | 5 | | (3) That failure to contest, in a timely manner, the
| 6 | | enforcement of the registered administrative
support order | 7 | | or the registered administrative paternity order shall | 8 | | result in confirmation of the order and
enforcement of the | 9 | | order and the alleged arrearages and
precludes further | 10 | | contest of that order with respect to any
matter that could | 11 | | have been asserted. | 12 | | (4) The amount of any alleged arrearages. | 13 | | (f) A nonregistering party seeking to contest enforcement
| 14 | | of a registered administrative support order or a registered | 15 | | administrative paternity order shall request
a hearing within | 16 | | 30 days after the date of service
of notice of the | 17 | | registration. The nonregistering party may
seek to vacate the | 18 | | registration, to assert any defense to an
allegation of | 19 | | noncompliance with the registered administrative
support order | 20 | | or the registered administrative paternity order , or to contest | 21 | | the remedies being sought or the
amount of any alleged | 22 | | arrearages. | 23 | | (g) If the nonregistering party fails to contest the
| 24 | | enforcement of the registered administrative
support order or | 25 | | the registered administrative paternity order in a timely | 26 | | manner, the order shall be confirmed
by operation of law. |
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| 1 | | (h) If a nonregistering party requests a hearing to contest
| 2 | | the enforcement of the registered administrative
support order | 3 | | or the registered administrative paternity order , the circuit | 4 | | court shall schedule the matter for
hearing and give notice to | 5 | | the parties and the Illinois
Department of the date, time, and | 6 | | place of the hearing. | 7 | | (i) A party contesting the enforcement of a registered | 8 | | administrative support order or a registered administrative | 9 | | paternity order or seeking to vacate
the registration has the | 10 | | burden of proving one or more of the
following defenses: | 11 | | (1) The Illinois Department lacked personal
| 12 | | jurisdiction over the contesting party. | 13 | | (2) The administrative support order or the
| 14 | | administrative paternity order was obtained by
fraud. | 15 | | (3) The administrative support order or the
| 16 | | administrative paternity order has been vacated,
| 17 | | suspended, or modified by a later order. | 18 | | (4) The Illinois Department has stayed the
| 19 | | administrative support order or the administrative | 20 | | paternity order pending appeal. | 21 | | (5) There is a defense under the law to the remedy | 22 | | sought. | 23 | | (6) Full or partial payment has been made. | 24 | | (j) If a party presents evidence establishing a full or
| 25 | | partial payment defense under subsection (i), the court may
| 26 | | stay enforcement of the registered order, continue the
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| 1 | | proceeding to permit production of additional relevant
| 2 | | evidence, and issue other appropriate orders. An uncontested
| 3 | | portion of the registered administrative support order or the | 4 | | registered administrative paternity order may be
enforced by | 5 | | all remedies available under State law. | 6 | | (k) If a contesting party does not establish a defense
| 7 | | under subsection (i) to the enforcement of the
administrative | 8 | | support order or the administrative paternity order , the court | 9 | | shall issue an order
confirming the administrative support | 10 | | order or the administrative paternity order . Confirmation of
| 11 | | the registered administrative support order or the registered | 12 | | administrative paternity order , whether by operation of law or | 13 | | after notice and hearing, precludes further
contest of the | 14 | | order with respect to any matter that could have
been asserted | 15 | | at the time of registration. Upon confirmation,
the registered | 16 | | administrative support order or the registered administrative | 17 | | paternity order shall be treated in
the same manner as a | 18 | | support order or a paternity order entered by the circuit | 19 | | court,
including the ability of the court to entertain a | 20 | | petition to
modify the administrative support order due to a | 21 | | substantial
change in circumstances or a petition to modify the | 22 | | administrative paternity order due to clear and convincing | 23 | | evidence regarding paternity , or petitions for visitation or | 24 | | custody
of the child or children covered by the administrative | 25 | | support
order or the administrative paternity order . Nothing in | 26 | | this Section shall be construed to alter the
effect of a final |
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| 1 | | administrative support order or a final administrative | 2 | | paternity order , or the restriction
of judicial review of such | 3 | | a final order to the provisions of the
Administrative Review | 4 | | Law, as provided in Sections Section 10-11 and 10-17.7 of this | 5 | | Code.
| 6 | | (l) Notwithstanding the limitations of relief provided for | 7 | | under this Section regarding an administrative paternity order | 8 | | and the administrative relief available from an administrative | 9 | | paternity order under Sections 10-12 through 10-14.1 of this | 10 | | Code, a party may petition for relief from a registered final | 11 | | administrative paternity order entered by consent of the | 12 | | parties, excluding a voluntary acknowledgement or denial of | 13 | | paternity as well as an administrative paternity order entered | 14 | | pursuant to genetic testing. The petition shall be filed | 15 | | pursuant to Section 2-1401 of the Code of Civil Procedure based | 16 | | upon a showing of due diligence and a meritorious defense. The | 17 | | court, after reviewing the evidence regarding this specific | 18 | | type of administrative paternity order entered by consent of | 19 | | the parties, shall issue an order regarding the petition. | 20 | | Nothing in this Section shall be construed to alter the effect | 21 | | of a final administrative paternity order, or the restriction | 22 | | of judicial review of such a final order to the provisions of | 23 | | the Administrative Review Law, as provided in Section 10-17.7 | 24 | | of this Code. | 25 | | (Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law. |
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