(750 ILCS 22/Art. 6 Pt. 2 heading) PART 2.
CONTEST OF VALIDITY OR ENFORCEMENT
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(750 ILCS 22/605)
Sec. 605. Notice of registration of order.
(a) When a support order or income-withholding order issued in another
state or a foreign support order is registered, the registering tribunal of this State shall notify the nonregistering
party. The notice must be accompanied by a copy of the registered order and
the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
(1) that a registered support order is enforceable as | ||
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(2) that a hearing to contest the validity or | ||
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(3) that failure to contest the validity or | ||
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(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in
effect, a notice must also:
(1) identify the two or more orders and the order | ||
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(2) notify the nonregistering party of the right to a | ||
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(3) state that the procedures provided in subsection | ||
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(4) state that failure to contest the validity or | ||
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(d) Upon registration of an income-withholding order for
enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer
pursuant to the Income Withholding for Support Act.
(Source: P.A. 99-119, eff. 1-1-16 .)
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(750 ILCS 22/606)
Sec. 606. Procedure to contest validity or
enforcement of registered support order. (a) A nonregistering party seeking to contest the
validity or enforcement of a registered support order in this State shall request a
hearing within the time required by Section 605. The nonregistering party may seek to vacate
the registration, to assert any defense to an allegation of
noncompliance with
the registered order, or to contest the remedies being sought
or the amount of any alleged arrearages pursuant to Section 607.
(b) If the nonregistering party fails to contest the
validity or enforcement of the registered support order in a timely manner, the
order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to
contest the validity or enforcement of the registered support order, the
registering tribunal shall schedule the matter for hearing and give notice to
the parties of the date, time, and place of the hearing.
(Source: P.A. 99-119, eff. 1-1-16 .)
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(750 ILCS 22/607)
Sec. 607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a registered support order
or seeking to vacate the registration has the burden of proving one or more
of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction | ||
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(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or | ||
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(4) the issuing tribunal has stayed the order pending | ||
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(5) there is a defense under the law of this State to | ||
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(6) full or partial payment has been made;
(7) the statute of limitation under Section 604 | ||
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(8) the alleged controlling order is not the | ||
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(b) If a party presents evidence establishing a full or
partial defense under subsection (a), a tribunal may stay enforcement
of a registered support order, continue the proceeding to permit production
of additional relevant evidence, and issue other appropriate
orders. An uncontested portion of the registered support order may be enforced by
all remedies available under the law of this State.
(c) If the contesting party does not establish a defense
under subsection (a) to the validity or enforcement of a registered support order, the
registering tribunal shall issue an order confirming the order.
(Source: P.A. 99-119, eff. 1-1-16 .)
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(750 ILCS 22/608)
Sec. 608. Confirmed order. Confirmation of a registered support
order, whether by operation of law or after notice and hearing,
precludes further contest of the order with respect to any matter that
could have been asserted at the time of registration.
(Source: P.A. 99-119, eff. 1-1-16 .)
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