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(750 ILCS 22/708) Sec. 708. Recognition and enforcement of registered Convention support order. (a) Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order: (1) recognition and enforcement of the order is |
| manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
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(2) the issuing tribunal lacked personal jurisdiction
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| consistent with Section 201;
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(3) the order is not enforceable in the issuing
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(4) the order was obtained by fraud in connection
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| with a matter of procedure;
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(5) a record transmitted in accordance with Section
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| 706 lacks authenticity or integrity;
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(6) a proceeding between the same parties and having
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| the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;
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(7) the order is incompatible with a more recent
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| support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this Act in this State;
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(8) payment, to the extent alleged arrears have been
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| paid in whole or in part;
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(9) in a case in which the respondent neither
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| appeared nor was represented in the proceeding in the issuing foreign country:
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(A) if the law of that country provides for prior
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| notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
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(B) if the law of that country does not provide
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| for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
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(10) the order was made in violation of Section 711.
(c) If a tribunal of this State does not recognize a Convention support order under subsection (b)(2), (4), or (9):
(1) the tribunal may not dismiss the proceeding
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| without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
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(2) the Illinois Department of Healthcare and Family
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| Services shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under Section 704.
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(Source: P.A. 99-119, eff. 1-1-16.)
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