(305 ILCS 5/10-12) (from Ch. 23, par. 10-12)
Sec. 10-12.
Petition by responsible relative for release from or
modification of administrative
support order or administrative determination of paternity.
(a) Any responsible
relative aggrieved by an administrative
order entered under Section 10-11 or 10-11.1 or an
administrative determination of paternity entered under Section 10-17.7 who
has been duly notified of
such order or determination may, within 30 days from the date of
mailing of such order or determination,
petition the Illinois Department for a release from or modification of the
order or determination. The day immediately subsequent to the mailing of
the order or determination shall be
considered as the first day, and the day such petition is received by the
Illinois Department shall be considered as the last day in computing the 30
day appeal period.
The Illinois Department shall, upon receipt of a petition within the 30
day appeal period, provide for a hearing to be held thereon.
(b) Notwithstanding the 30-day appeal period set forth in subsection
(a), a man against whom a default administrative determination of paternity
has been entered may have the determination vacated if, within 30 days
after being served with the determination, he appears in person at the office
to which he was given notice to appear for an interview and files a written
request for relief from the determination. The Illinois
Department shall then proceed with the establishment of
paternity. A man may obtain relief under this subsection from an
administrative determination of paternity only once in any proceeding to
establish paternity.
(Source: P.A. 90-790, eff. 8-14-98.)
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