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90_HB1705
SEE INDEX
Amends the Uniform Interstate Family Support Act. Makes
numerous changes in relation to: reconciliation of multiple
child support orders; enforcement of orders of another state;
responsibilities of employers regarding orders of other
states; jurisdiction to modify orders of other states;
organization of the Act; and other matters. Repeals the
Revised Uniform Reciprocal Enforcement of Support Act and
adds transitional provisions. Effective immediately.
LRB9000438WHmgA
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1 AN ACT to amend the Uniform Interstate Family Support Act
2 by changing and adding various provisions.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Uniform Interstate Family Support Act is
6 amended by changing Sections 101, 102, 203, 205, 206, 207,
7 208, 301, 303, 304, 305, 306, 307, 316, 401, 501, 502, 605,
8 606, 609, 610, 611, 612, and 905, changing the captions of
9 Article 5, Parts A, B, and C of Article 2, and Parts A, B,
10 and C of Article 6, and adding Sections 503, 504, 505, 506,
11 507, 613, and 614 as follows:
12 (750 ILCS 22/101)
13 Sec. 101. Definitions. In this Act:
14 "Child" means an individual, whether over or under the
15 age of 18, who is or is alleged to be owed a duty of support
16 by the individual's parent or who is or is alleged to be the
17 beneficiary of a support order directed to the parent.
18 "Child-support Child support order" means a support order
19 for a child, including a child who has attained the age of
20 18.
21 "Duty of support" means an obligation imposed or
22 imposable by law to provide support for a child, spouse, or
23 former spouse including an unsatisfied obligation to provide
24 support.
25 "Home state" means the state in which a child lived with
26 a parent or a person acting as parent for at least 6
27 consecutive months immediately preceding the time of filing
28 of a petition or comparable pleading for support, and if a
29 child is less than 6 months old, the state in which the child
30 lived from birth with any of them. A period of temporary
31 absence of any of them is counted as part of the 6-month or
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1 other period.
2 "Income" includes earnings or other periodic entitlements
3 to money from any source and any other property subject to
4 withholding for support under the law of this State.
5 "Income-withholding order" means an order or other legal
6 process directed to an obligor's employer or other debtor, as
7 defined by the Illinois Marriage and Dissolution of Marriage
8 Act, the Non-Support of Spouse and Children Act, the Illinois
9 Public Aid Code, and the Illinois Parentage Act of 1984, to
10 withhold support from the income of the obligor.
11 "Initiating state" means a state from in which a
12 proceeding is forwarded or in which a proceeding is filed for
13 forwarding to a responding state under this Act or a law or
14 procedure substantially similar to this Act, is filed for
15 forwarding to a responding state.
16 "Initiating tribunal" means the authorized tribunal in an
17 initiating state.
18 "Issuing state" means the state in which a tribunal
19 issues a support order or renders a judgment determining
20 parentage.
21 "Issuing tribunal" means the tribunal that issues a
22 support order or renders a judgment determining parentage.
23 "Obligee" means:
24 (i) an individual to whom a duty of support is or
25 is alleged to be owed or in whose favor a support order
26 has been issued or a judgment determining parentage has
27 been rendered;
28 (ii) a state or political subdivision to which the
29 rights under a duty of support or support order have been
30 assigned or which has independent claims based on
31 financial assistance provided to an individual obligee;
32 or
33 (iii) an individual seeking a judgment determining
34 parentage of the individual's child.
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1 "Obligor" means an individual, or the estate of a
2 decedent: (i) who owes or is alleged to owe a duty of
3 support; (ii) who is alleged but has not been adjudicated to
4 be a parent of a child; or (iii) who is liable under a
5 support order.
6 "Register" means to record a support order or judgment
7 determining parentage in the appropriate Registry of Foreign
8 Support Orders.
9 "Registering tribunal" means a tribunal in which a
10 support order is registered.
11 "Responding state" means a state in to which a proceeding
12 is filed or to which a proceeding is forwarded for filing
13 from an initiating state under this Act or a law or procedure
14 substantially similar to this Act.
15 "Responding tribunal" means the authorized tribunal in a
16 responding state.
17 "Spousal-support order" means a support order for a
18 spouse or former spouse of the obligor.
19 "State" means a state of the United States, the District
20 of Columbia, the Commonwealth of Puerto Rico, the United
21 States Virgin Islands, or any territory or insular possession
22 subject to the jurisdiction of the United States. The term
23 "state" includes:
24 (i) an Indian tribe; and includes
25 (ii) a foreign jurisdiction that has enacted a law
26 or established procedures for issuance and enforcement of
27 support orders which are substantially similar to the
28 procedures under this Act, the Uniform Reciprocal
29 Enforcement of Support Act, or the Revised Uniform
30 Reciprocal Enforcement of Support Act.
31 "Support enforcement agency" means a public official or
32 agency authorized to seek:
33 (1) enforcement of support orders or laws relating to
34 the duty of support;
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1 (2) establishment or modification of child support;
2 (3) determination of parentage; or
3 (4) to locate obligors or their assets.
4 "Support order" means a judgment, decree, or order,
5 whether temporary, final, or subject to modification, for the
6 benefit of a child, a spouse, or a former spouse, which
7 provides for monetary support, health care, arrearages, or
8 reimbursement, and may include related costs and fees,
9 interest, income withholding, attorney's fees, and other
10 relief.
11 "Tribunal" means a court, administrative agency, or
12 quasi-judicial entity authorized to establish, enforce, or
13 modify support orders or to determine parentage.
14 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
15 by P.A. 88-691.)
16 (750 ILCS 22/102)
17 Sec. 102. Tribunal Tribunals of this State. The circuit
18 court is a tribunal of this State. The Illinois Department of
19 Public Aid is an initiating tribunal. The Illinois
20 Department of Public Aid is also a responding tribunal of
21 this State to the extent that it can administratively
22 establish paternity and establish, modify, and enforce an
23 administrative child-support child support order under
24 authority of Article X of the Illinois Public Aid Code.
25 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
26 by P.A. 88-691; 88-691, eff. 1-24-95.)
27 (750 ILCS 22/Article 2, Part A caption)
28 PART 1. A. EXTENDED PERSONAL JURISDICTION
29 (750 ILCS 22/Article 2, Part B caption)
30 PART 2. B. PROCEEDINGS INVOLVING TWO OR MORE STATES
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1 (750 ILCS 22/203)
2 Sec. 203. Initiating and responding tribunal of this
3 State. Under this Act, a tribunal of this State may serve as
4 an initiating tribunal to forward proceedings to another
5 state and as a responding tribunal for proceedings initiated
6 in another state.
7 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
8 by P.A. 88-691.)
9 (750 ILCS 22/205)
10 Sec. 205. Continuing, exclusive jurisdiction.
11 (a) A tribunal of this State issuing a support order
12 consistent with the law of this State has continuing,
13 exclusive jurisdiction over a child-support child support
14 order:
15 (1) as long as this State remains the residence of
16 the obligor, the individual obligee, or the child for
17 whose benefit the support order is issued; or
18 (2) until all of the parties who are individuals
19 have each individual party has filed written consents
20 consent with the tribunal of this State for a tribunal of
21 another state to modify the order and assume continuing,
22 exclusive jurisdiction.
23 (b) A tribunal of this State issuing a child-support
24 child support order consistent with the law of this State may
25 not exercise its continuing jurisdiction to modify the order
26 if the order has been modified by a tribunal of another state
27 pursuant to a law substantially similar to this Act.
28 (c) If a child-support child support order of this State
29 is modified by a tribunal of another state pursuant to a law
30 substantially similar to this Act, a tribunal of this State
31 loses its continuing, exclusive jurisdiction with regard to
32 prospective enforcement of the order issued in this State,
33 and may only:
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1 (1) enforce the order that was modified as to
2 amounts accruing before the modification;
3 (2) enforce nonmodifiable aspects of that order;
4 and
5 (3) provide other appropriate relief for violations
6 of that order which occurred before the effective date of
7 the modification.
8 (d) A tribunal of this State shall recognize the
9 continuing, exclusive jurisdiction of a tribunal of another
10 state which has issued a child-support child support order
11 pursuant to a law substantially similar to this Act.
12 (e) A temporary support order issued ex parte or pending
13 resolution of a jurisdictional conflict does not create
14 continuing, exclusive jurisdiction in the issuing tribunal.
15 (f) A tribunal of this State issuing a support order
16 consistent with the law of this State has continuing,
17 exclusive jurisdiction over a spousal-support spousal support
18 order throughout the existence of the support obligation. A
19 tribunal of this State may not modify a spousal-support
20 spousal support order issued by a tribunal of another state
21 having continuing, exclusive jurisdiction over that order
22 under the law of that state.
23 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
24 by P.A. 88-691.)
25 (750 ILCS 22/206)
26 Sec. 206. Enforcement and modification of support order
27 by tribunal having continuing jurisdiction.
28 (a) A tribunal of this State may serve as an initiating
29 tribunal to request a tribunal of another state to enforce or
30 modify a support order issued in that state.
31 (b) A tribunal of this State having continuing,
32 exclusive jurisdiction over a support order may act as a
33 responding tribunal to enforce or modify the order. If a
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1 party subject to the continuing, exclusive jurisdiction of
2 the tribunal no longer resides in the issuing state, in
3 subsequent proceedings the tribunal may apply Section 316
4 (Special Rules of Evidence and Procedure) to receive evidence
5 from another state and Section 318 (Assistance with
6 Discovery) to obtain discovery through a tribunal of another
7 state.
8 (c) A tribunal of this State which lacks continuing,
9 exclusive jurisdiction over a spousal-support spousal support
10 order may not serve as a responding tribunal to modify a
11 spousal-support spousal support order of another state.
12 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
13 by P.A. 88-691.)
14 (750 ILCS 22/Article 2, Part C caption)
15 PART 3. C. RECONCILIATION
16 OF MULTIPLE
17 WITH ORDERS OF OTHER STATES
18 (750 ILCS 22/207)
19 Sec. 207. Recognition of controlling child-support order
20 child support-orders.
21 (a) If a proceeding is brought under this Act, and one
22 or more child support orders have been issued in this or
23 another state with regard to an obligor and a child, a
24 tribunal of this State shall apply the following rules in
25 determining which order to recognize for purposes of
26 continuing, exclusive jurisdiction: (1) If a proceeding is
27 brought under this Act and only one tribunal has issued a
28 child-support child support order, the order of that tribunal
29 controls and must be so recognized.
30 (b) If a proceeding is brought under this Act, and two
31 or more child-support orders have been issued by tribunals of
32 this State or another state with regard to the same obligor
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1 and child, a tribunal of this State shall apply the following
2 rules in determining which order to recognize for purposes of
3 continuing, exclusive jurisdiction:
4 (1) (2) If two or more tribunals have issued child
5 support orders for the same obligor and child, and only
6 one of the tribunals would have continuing, exclusive
7 jurisdiction under this Act, the order of that tribunal
8 controls and must be so recognized.
9 (2) (3) If two or more tribunals have issued child
10 support orders for the same obligor and child, and more
11 than one of the tribunals would have continuing,
12 exclusive jurisdiction under this Act, an order issued by
13 a tribunal in the current home state of the child
14 controls and must be so recognized, but if an order has
15 not been issued in the current home state of the child,
16 the order most recently issued controls and must be so
17 recognized.
18 (3) (4) If two or more tribunals have issued child
19 support orders for the same obligor and child, and none
20 of the tribunals would have continuing, exclusive
21 jurisdiction under this Act, the tribunal of this State
22 having jurisdiction over the parties shall may issue a
23 child-support child support order, which controls and
24 must be so recognized.
25 (c) If two or more child-support orders have been issued
26 for the same obligor and child and if the obligor or the
27 individual obligee resides in this State, a party may request
28 a tribunal of this State to determine which order controls
29 and must be so recognized under subsection (b). The request
30 must be accompanied by a certified copy of every support
31 order in effect. The requesting party shall give notice of
32 the request to each party whose rights may be affected by the
33 determination.
34 (d) (b) The tribunal that has issued the controlling an
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1 order recognized under subsection (a), (b), or (c) is the
2 tribunal that has having continuing, exclusive jurisdiction
3 under Section 205.
4 (e) A tribunal of this State which determines by order
5 the identity of the controlling order under subsection (b)(1)
6 or (2) or which issues a new controlling order under
7 subsection (b)(3) shall state in that order the basis upon
8 which the tribunal made its determination.
9 (f) Within 30 days after issuance of an order determining
10 the identity of the controlling order, the party obtaining
11 the order shall file a certified copy of it with each
12 tribunal that issued or registered an earlier order of child
13 support. A party who obtains the order and fails to file a
14 certified copy is subject to appropriate sanctions by a
15 tribunal in which the issue of failure to file arises. The
16 failure to file does not affect the validity or
17 enforceability of the controlling order.
18 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
19 by P.A. 88-691.)
20 (750 ILCS 22/208)
21 Sec. 208. Multiple child-support child support orders
22 for two or more obligees. In responding to multiple
23 registrations or petitions for enforcement of two or more
24 child support orders in effect at the same time with regard
25 to the same obligor and different individual obligees, at
26 least one of which was issued by a tribunal of another state,
27 a tribunal of this State shall enforce those orders in the
28 same manner as if the multiple orders had been issued by a
29 tribunal of this State.
30 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
31 by P.A. 88-691.)
32 (750 ILCS 22/301)
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1 Sec. 301. Proceedings under this Act.
2 (a) Except as otherwise provided in this Act, this
3 Article applies to all proceedings under this Act.
4 (b) This Act provides for the following proceedings:
5 (1) establishment of an order for spousal support
6 or child support pursuant to Article 4;
7 (2) enforcement of a support order and
8 income-withholding order of another state without
9 registration pursuant to Article 5;
10 (3) registration of an order for spousal support or
11 child support of another state for enforcement pursuant
12 to Article 6;
13 (4) modification of an order for child support or
14 spousal support issued by a tribunal of this State
15 pursuant to Article 2, Part 2 B;
16 (5) registration of an order for child support of
17 another state for modification pursuant to Article 6;
18 (6) determination of parentage pursuant to Article
19 7; and
20 (7) assertion of jurisdiction over nonresidents
21 pursuant to Article 2, Part 1 A.
22 (c) An individual obligee or a support enforcement
23 agency may commence a proceeding authorized under this Act by
24 filing a petition in an initiating tribunal for forwarding to
25 a responding tribunal or by filing a petition or a comparable
26 pleading directly in a tribunal of another state which has or
27 can obtain personal jurisdiction over the obligor.
28 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
29 by P.A. 88-691.)
30 (750 ILCS 22/303)
31 Sec. 303. Application of law of this State. Except as
32 otherwise provided by this Act, a responding tribunal of this
33 State:
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1 (1) shall apply the procedural and substantive law,
2 including the rules on choice of law, generally applicable to
3 similar proceedings originating in this State and may
4 exercise all powers and provide all remedies available in
5 those proceedings; and
6 (2) shall determine the duty of support and the amount
7 payable in accordance with the law and support guidelines of
8 this State.
9 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
10 by P.A. 88-691.)
11 (750 ILCS 22/304)
12 Sec. 304. Duties of initiating tribunal.
13 (a) Upon the filing of a petition authorized by this
14 Act, an initiating tribunal of this State shall forward three
15 copies of the petition and its accompanying documents:
16 (1) to the responding tribunal or appropriate
17 support enforcement agency in the responding state; or
18 (2) if the identity of the responding tribunal is
19 unknown, to the state information agency of the
20 responding state with a request that they be forwarded to
21 the appropriate tribunal and that receipt be
22 acknowledged.
23 (b) If a responding state has not enacted this Act or a
24 law or procedure substantially similar to this Act, a
25 tribunal of this State may issue a certificate or other
26 document and make findings required by the law of the
27 responding state. If the responding state is a foreign
28 jurisdiction, the tribunal may specify the amount of support
29 sought and provide other documents necessary to satisfy the
30 requirements of the responding state.
31 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
32 by P.A. 88-691.)
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1 (750 ILCS 22/305)
2 Sec. 305. Duties and powers of responding Tribunal.
3 (a) When a responding tribunal of this State receives a
4 petition or comparable pleading from an initiating tribunal
5 or directly pursuant to Section 301(c), it shall cause the
6 petition or pleading to be filed and notify the obligee by
7 first class mail where and when it was filed.
8 (b) A responding tribunal of this State, to the extent
9 otherwise authorized by law, may do one or more of the
10 following:
11 (1) issue or enforce a support order, modify a
12 child-support child support order, or render a judgment
13 to determine parentage;
14 (2) order an obligor to comply with a support
15 order, specifying the amount and the manner of
16 compliance;
17 (3) order income withholding;
18 (4) determine the amount of any arrearages, and
19 specify a method of payment;
20 (5) enforce orders by civil or criminal contempt,
21 or both;
22 (6) set aside property for satisfaction of the
23 support order;
24 (7) place liens and order execution on the
25 obligor's property;
26 (8) order an obligor to keep the tribunal informed
27 of the obligor's current residential address, telephone
28 number, employer, address of employment, and telephone
29 number at the place of employment;
30 (9) issue a bench warrant for an obligor who has
31 failed after proper notice to appear at a hearing ordered
32 by the tribunal and enter the bench warrant in any local
33 and state computer systems for criminal warrants;
34 (10) order the obligor to seek appropriate
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1 employment by specified methods;
2 (11) award reasonable attorney's fees and other
3 fees and costs; and
4 (12) grant any other available remedy.
5 (c) A responding tribunal of this State shall include in
6 a support order issued under this Act, or in the documents
7 accompanying the order, the calculations on which the support
8 order is based.
9 (d) A responding tribunal of this State may not
10 condition the payment of a support order issued under this
11 Act upon compliance by a party with provisions for
12 visitation.
13 (e) If a responding tribunal of this State issues an
14 order under this Act, the tribunal shall send a copy of the
15 order by first class mail to the obligee and the obligor and
16 to the initiating tribunal, if any.
17 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
18 by P.A. 88-691.)
19 (750 ILCS 22/306)
20 Sec. 306. Inappropriate tribunal. If a petition or
21 comparable pleading is received by an inappropriate tribunal
22 of this State, it shall forward the pleading and accompanying
23 documents to an appropriate tribunal in this State or another
24 state and notify the obligee by first class mail where and
25 when the pleading was sent.
26 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
27 by P.A. 88-691.)
28 (750 ILCS 22/307)
29 Sec. 307. Duties of support enforcement agency.
30 (a) A support enforcement agency of this State, upon
31 request, shall provide services to a petitioner in a
32 proceeding under this Act. This subsection does not affect
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1 any ability the support enforcement agency may have to
2 require an application for services, charge fees, or recover
3 costs in accordance with federal or State law and
4 regulations.
5 (b) A support enforcement agency that is providing
6 services to the petitioner as appropriate shall:
7 (1) take all steps necessary to enable an
8 appropriate tribunal in this State or another state to
9 obtain jurisdiction over the respondent;
10 (2) request an appropriate tribunal to set a date,
11 time, and place for a hearing;
12 (3) make a reasonable effort to obtain all relevant
13 information, including information as to income and
14 property of the parties;
15 (4) within 10 days, exclusive of Saturdays,
16 Sundays, and legal holidays, after receipt of a written
17 notice from an initiating, responding, or registering
18 tribunal, send a copy of the notice by first class mail
19 to the petitioner;
20 (5) within 10 days, exclusive of Saturdays,
21 Sundays, and legal holidays, after receipt of a written
22 communication from the respondent or the respondent's
23 attorney, send a copy of the communication by first class
24 mail to the petitioner; and
25 (6) notify the petitioner if jurisdiction over the
26 respondent cannot be obtained.
27 (c) This Act does not create or negate a relationship of
28 attorney and client or other fiduciary relationship between a
29 support enforcement agency or the attorney for the agency and
30 the individual being assisted by the agency.
31 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
32 by P.A. 88-691; 88-691, eff. 1-24-95.)
33 (750 ILCS 22/316)
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1 Sec. 316. Special rules of evidence and procedure.
2 (a) The physical presence of the petitioner in a
3 responding tribunal of this State is not required for the
4 establishment, enforcement, or modification of a support
5 order or the rendition of a judgment determining parentage.
6 (b) A verified petition, affidavit, document
7 substantially complying with federally mandated forms, and a
8 document incorporated by reference in any of them, not
9 excluded under the hearsay rule if given in person, is
10 admissible in evidence if given under oath by a party or
11 witness residing in another state.
12 (c) A copy of the record of child-support child support
13 payments certified as a true copy of the original by the
14 custodian of the record may be forwarded to a responding
15 tribunal. The copy is evidence of facts asserted in it, and
16 is admissible to show whether payments were made.
17 (d) Copies of bills for testing for parentage, and for
18 prenatal and postnatal health care of the mother and child,
19 furnished to the adverse party at least 10 days before trial,
20 are admissible in evidence to prove the amount of the charges
21 billed and that the charges were reasonable, necessary, and
22 customary.
23 (e) Documentary evidence transmitted from another state
24 to a tribunal of this State by telephone, telecopier, or
25 other means that do not provide an original writing may not
26 be excluded from evidence on an objection based on the means
27 of transmission.
28 (f) In a proceeding under this Act, a tribunal of this
29 State may permit a party or witness residing in another state
30 to be deposed or to testify by telephone, audiovisual means,
31 or other electronic means at a designated tribunal or other
32 location in that state. A tribunal of this State shall
33 cooperate with tribunals of other states in designating an
34 appropriate location for the deposition or testimony.
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1 (g) If a party called to testify at a civil hearing
2 refuses to answer on the ground that the testimony may be
3 self-incriminating, the trier of fact may draw an adverse
4 inference from the refusal.
5 (h) A privilege against disclosure of communications
6 between spouses does not apply in a proceeding under this
7 Act.
8 (i) The defense of immunity based on the relationship of
9 husband and wife or parent and child does not apply in a
10 proceeding under this Act.
11 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
12 by P.A. 88-691; 88-691, eff. 1-24-95.)
13 (750 ILCS 22/401)
14 Sec. 401. Petition to establish support order.
15 (a) If a support order entitled to recognition under
16 this Act has not been issued, a responding tribunal of this
17 State may issue a support order if:
18 (1) the individual seeking the order resides in
19 another state; or
20 (2) the support enforcement agency seeking the
21 order is located in another state.
22 (b) The tribunal may issue a temporary child-support
23 child support order if:
24 (1) the respondent has signed a verified statement
25 acknowledging parentage;
26 (2) the respondent has been determined by or
27 pursuant to law to be the parent; or
28 (3) there is other clear and convincing evidence
29 that the respondent is the child's parent.
30 (c) Upon finding, after notice and opportunity to be
31 heard, that a respondent owes a duty of support, the tribunal
32 shall issue a support order directed to the respondent and
33 may issue other orders pursuant to Section 305.
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1 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
2 by P.A. 88-691; 88-691, eff. 1-24-95.)
3 (750 ILCS 22/Article 5 caption)
4 ARTICLE 5. DIRECT ENFORCEMENT OF ORDER
5 OF ANOTHER STATE WITHOUT REGISTRATION
6 (750 ILCS 22/501)
7 Sec. 501. Employer's receipt Recognition of
8 income-withholding order of another state.
9 (a) An income-withholding order issued in another state
10 may be sent by first class mail to the person or entity
11 defined as the obligor's employer without first filing a
12 petition or comparable pleading or registering the order with
13 a tribunal of this State. Upon receipt of the order, the
14 employer shall:
15 (1) treat an income-withholding order issued in
16 another state which appears regular on its face as if it
17 had been issued by a tribunal of this State;
18 (2) immediately provide a copy of the order to the
19 obligor; and
20 (3) distribute the funds as directed in the
21 withholding order.
22 (b) An obligor may contest the validity or enforcement
23 of an income-withholding order issued in another state in the
24 same manner as if the order had been issued by a tribunal of
25 this State. Section 604 applies to the contest. The obligor
26 shall give notice of the contest to any support enforcement
27 agency providing services to the obligee and to:
28 (1) the person or agency designated to receive
29 payments in the income-withholding order; or
30 (2) if no person or agency is designated, the
31 obligee.
32 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
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1 by P.A. 88-691.)
2 (750 ILCS 22/502)
3 Sec. 502. Employer's compliance with income-withholding
4 order of another state.
5 (a) Upon receipt of an income-withholding order, the
6 obligor's employer shall immediately provide a copy of the
7 order to the obligor.
8 (b) The employer shall treat an income-withholding order
9 issued in another state which appears regular on its face as
10 if it had been issued by a tribunal of this State.
11 (c) Except as otherwise provided in subsection (d) and
12 Section 503 the employer shall withhold and distribute the
13 funds as directed in the withholding order by complying with
14 terms of the order which specify:
15 (1) the duration and amount of periodic payments of
16 current child-support, stated as a sum certain;
17 (2) the person or agency designated to receive
18 payments and the address to which the payments are to be
19 forwarded;
20 (3) medical support, whether in the form of
21 periodic cash payment, stated as a sum certain, or
22 ordering the obligor to provide health insurance coverage
23 for the child under a policy available through the
24 obligor's employment;
25 (4) the amount of periodic payments of fees and
26 costs for a support enforcement agency, the issuing
27 tribunal, and the obligee's attorney, stated as sums
28 certain; and
29 (5) the amount of periodic payments of arrearages
30 and interest on arrearages, stated as sums certain.
31 (d) An employer shall comply with the law of the state
32 of the obligor's principal place of employment for
33 withholding from income with respect to:
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1 (1) the employer's fee for processing an
2 income-withholding order;
3 (2) the maximum amount permitted to be withheld
4 from the obligor's income; and
5 (3) the times within which the employer must
6 implement the withholding order and forward the child
7 support payment.
8 Administrative enforcement of orders.
9 (a) A party seeking to enforce a support order or an
10 income-withholding order, or both, issued by a tribunal of
11 another state may send the documents required for registering
12 the order to a support enforcement agency of this State.
13 (b) Upon receipt of the documents, the support
14 enforcement agency, without initially seeking to register the
15 order, shall consider and, if appropriate, use any
16 administrative procedure authorized by the law of this State
17 to enforce a support order or an income-withholding order, or
18 both. If the obligor does not contest administrative
19 enforcement, the order need not be registered. If the
20 obligor contests the validity or administrative enforcement
21 of the order, the support enforcement agency shall register
22 the order pursuant to this Act.
23 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
24 by P.A. 88-691.)
25 (750 ILCS 22/503 new)
26 Sec. 503. Compliance with multiple income-withholding
27 orders. If an obligor's employer receives multiple
28 income-withholding orders with respect to the earnings of the
29 same obligor, the employer satisfies the terms of the
30 multiple orders if the employer complies with the law of the
31 state of the obligor's principal place of employment to
32 establish the priorities for withholding and allocating
33 income withheld for multiple child support obligees.
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1 (750 ILCS 22/504 new)
2 Sec. 504. Immunity from civil liability. An employer who
3 complies with an income-withholding order issued in another
4 state in accordance with this Article is not subject to civil
5 liability to an individual or agency with regard to the
6 employer's withholding of child support from the obligor's
7 income.
8 (750 ILCS 22/505 new)
9 Sec. 505. Penalties for noncompliance. An employer who
10 willfully fails to comply with an income-withholding order
11 issued by another state and received for enforcement is
12 subject to the same penalties that may be imposed for
13 noncompliance with an order issued by a tribunal of this
14 State.
15 (750 ILCS 22/506 new)
16 Sec. 506. Contest by obligor.
17 (a) An obligor may contest the validity or enforcement
18 of an income-withholding order issued in another state and
19 received directly by an employer in this State in the same
20 manner as if the order had been issued by a tribunal of this
21 State. Section 604 applies to the contest.
22 (b) The obligor shall give notice of the contest to:
23 (1) a support enforcement agency providing services
24 to the obligee;
25 (2) each employer that has directly received an
26 income-withholding order; and
27 (3) the person or agency designated to receive
28 payments in the income-withholding order or if no person
29 or agency is designated, to the obligee.
30 (750 ILCS 22/507 new)
31 Sec. 507. Administrative enforcement of orders.
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1 (a) A party seeking to enforce a support order or an
2 income-withholding order, or both, issued by a tribunal of
3 another state may send the documents required for registering
4 the order to a support enforcement agency of this State.
5 (b) Upon receipt of the documents, the support
6 enforcement agency, without initially seeking to register the
7 order, shall consider and, if appropriate, use any
8 administrative procedure authorized by the law of this State
9 to enforce a support order or an income-withholding order, or
10 both. If the obligor does not contest administrative
11 enforcement, the order need not be registered. If the
12 obligor contests the validity or administrative enforcement
13 of the order, the support enforcement agency shall register
14 the order pursuant to this Act.
15 (750 ILCS 22/Article 6, Part A caption )
16 PART 1. A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
17 (750 ILCS 22/Article 6, Part B caption)
18 PART 2. B. CONTEST OF VALIDITY OR ENFORCEMENT
19 (750 ILCS 22/605)
20 Sec. 605. Notice of registration of order.
21 (a) When a support order or income-withholding order
22 issued in another state is registered, the registering
23 tribunal shall notify the nonregistering party. Notice must
24 be given by first class, certified, or registered mail or by
25 any means of personal service authorized by the law of this
26 State. The notice must be accompanied by a copy of the
27 registered order and the documents and relevant information
28 accompanying the order.
29 (b) The notice must inform the nonregistering party:
30 (1) that a registered order is enforceable as of
31 the date of registration in the same manner as an order
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1 issued by a tribunal of this State;
2 (2) that a hearing to contest the validity or
3 enforcement of the registered order must be requested
4 within 20 days after the date of mailing or personal
5 service of the notice;
6 (3) that failure to contest the validity or
7 enforcement of the registered order in a timely manner
8 will result in confirmation of the order and enforcement
9 of the order and the alleged arrearages and precludes
10 further contest of that order with respect to any matter
11 that could have been asserted; and
12 (4) of the amount of any alleged arrearages.
13 (c) Upon registration of an income-withholding order for
14 enforcement, the registering tribunal shall notify the
15 obligor's employer pursuant to Section 10-16.2 of the
16 Illinois Public Aid Code, Section 706.1 of the Illinois
17 Marriage and Dissolution of Marriage Act, Section 4.1 of the
18 Non-Support of Spouse and Children Act, and Section 20 of the
19 Illinois Parentage Act of 1989.
20 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
21 by P.A. 88-691.)
22 (750 ILCS 22/606)
23 Sec. 606. Procedure to contest validity or enforcement
24 of registered order.
25 (a) A nonregistering party seeking to contest the
26 validity or enforcement of a registered order in this State
27 shall request a hearing within 20 days after the date of
28 mailing or personal service of notice of the registration.
29 The nonregistering party may seek to vacate the registration,
30 to assert any defense to an allegation of noncompliance with
31 the registered order, or to contest the remedies being
32 sought or the amount of any alleged arrearages pursuant to
33 Section 607.
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1 (b) If the nonregistering party fails to contest the
2 validity or enforcement of the registered order in a timely
3 manner, the order is confirmed by operation of law.
4 (c) If a nonregistering party requests a hearing to
5 contest the validity or enforcement of the registered order,
6 the registering tribunal shall schedule the matter for
7 hearing and give notice to the parties by first class mail of
8 the date, time, and place of the hearing.
9 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
10 by P.A. 88-691.)
11 (750 ILCS 22/Article 6, Part C caption)
12 PART 3. C. REGISTRATION AND MODIFICATION OF
13 CHILD SUPPORT ORDER
14 (750 ILCS 22/609)
15 Sec. 609. Procedure to register child-support child
16 support order of another state for modification. A party or
17 support enforcement agency seeking to modify, or to modify
18 and enforce, a child-support child support order issued in
19 another state shall register that order in this State in the
20 same manner provided in Part 1 A of this Article if the order
21 has not been registered. A petition for modification may be
22 filed at the same time as a request for registration, or
23 later. The pleading must specify the grounds for
24 modification.
25 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
26 by P.A. 88-691.)
27 (750 ILCS 22/610)
28 Sec. 610. Effect of registration for modification. A
29 tribunal of this State may enforce a child-support child
30 support order of another state registered for purposes of
31 modification, in the same manner as if the order had been
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1 issued by a tribunal of this State, but the registered order
2 may be modified only if the requirements of Section 611 have
3 been met.
4 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
5 by P.A. 88-691.)
6 (750 ILCS 22/611)
7 Sec. 611. Modification of Child-Support Child Support
8 Order of Another State.
9 (a) After a child-support child support order issued in
10 another state has been registered in this State, the
11 responding tribunal of this State may modify that order only
12 if Section 613 does not apply and, after notice and hearing,
13 it finds that:
14 (1) the following requirements are met:
15 (i) the child, the individual petitioner, and
16 the respondent do not reside in the issuing state;
17 (ii) a petitioner who is a nonresident of this
18 State seeks modification; and
19 (iii) the respondent is subject to the
20 personal jurisdiction of the tribunal of this State;
21 or
22 (2) an individual party or the child, or a party
23 who is an individual, is subject to the personal
24 jurisdiction of the tribunal of this State and all of the
25 individual parties who are individuals have filed a
26 written consents consent in the issuing tribunal for
27 providing that a tribunal of this State to may modify the
28 support order and assume continuing, exclusive
29 jurisdiction over the order. However, if the issuing
30 state is a foreign jurisdiction that has not enacted a
31 law or established procedures substantially similar to
32 the procedures under this Act, the consent otherwise
33 required of an individual residing in this State is not
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1 required for the tribunal to assume jurisdiction to
2 modify the child-support order.
3 (b) Modification of a registered child-support child
4 support order is subject to the same requirements,
5 procedures, and defenses that apply to the modification of
6 an order issued by a tribunal of this State and the order may
7 be enforced and satisfied in the same manner.
8 (c) A tribunal of this State may not modify any aspect
9 of a child-support child support order that may not be
10 modified under the law of the issuing state. If two or more
11 tribunals have issued child-support orders for the same
12 obligor and child, the order that controls and must be so
13 recognized under Section 207 establishes the aspects of the
14 support order which are nonmodifiable.
15 (d) On issuance of an order modifying a child-support
16 child support order issued in another state, a tribunal of
17 this State becomes the tribunal having of continuing,
18 exclusive jurisdiction.
19 (e) Within 30 days after issuance of a modified child
20 support order, the party obtaining the modification shall
21 file a certified copy of the order with the issuing tribunal
22 which had continuing, exclusive jurisdiction over the earlier
23 order, and in each tribunal in which the party knows that
24 earlier order has been registered.
25 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
26 by P.A. 88-691; 88-691, eff. 1-24-95.)
27 (750 ILCS 22/612)
28 Sec. 612. Recognition of order modified in another
29 state. A tribunal of this State shall recognize a
30 modification of its earlier child-support child support order
31 by a tribunal of another state which assumed jurisdiction
32 pursuant to a law substantially similar to this Act and, upon
33 request, except as otherwise provided in this Act, shall:
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1 (1) enforce the order that was modified only as to
2 amounts accruing before the modification;
3 (2) enforce only nonmodifiable aspects of that order;
4 (3) provide other appropriate relief only for violations
5 of that order which occurred before the effective date of the
6 modification; and
7 (4) recognize the modifying order of the other state,
8 upon registration, for the purpose of enforcement.
9 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
10 by P.A. 88-691.)
11 (750 ILCS 22/613 new)
12 Sec. 613. Jurisdiction to modify child-support order of
13 another state when individual parties reside in this State.
14 (a) If all of the parties who are individuals reside in
15 this State and the child does not reside in the issuing
16 state, a tribunal of this State has jurisdiction to enforce
17 and to modify the issuing state's child-support order in a
18 proceeding to register that order.
19 (b) A tribunal of this State exercising jurisdiction
20 under this Section shall apply the provisions of Articles 1
21 and 2, this Article, and the procedural and substantive law
22 of this State to the proceeding for enforcement or
23 modification. Articles 3, 4, 5, 7, and 8 do not apply.
24 (750 ILCS 22/614 new)
25 Sec. 614. Notice to issuing tribunal of modification.
26 Within 30 days after issuance of a modified child-support
27 order, the party obtaining the modification shall file a
28 certified copy of the order with the issuing tribunal that
29 had continuing, exclusive jurisdiction over the earlier
30 order, and in each tribunal in which the party knows the
31 earlier order has been registered. A party who obtains the
32 order and fails to file a certified copy is subject to
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1 appropriate sanctions by a tribunal in which the issue of
2 failure to file arises. The failure to file does not affect
3 the validity or enforceability of the modified order of the
4 new tribunal having continuing, exclusive jurisdiction.
5 (750 ILCS 22/905)
6 Sec. 905. Repeal. The Revised Uniform Reciprocal
7 Enforcement of Support Act is repealed on the effective date
8 of this amendatory Act of 1997. An action that was
9 commenced under the Revised Uniform Reciprocal Enforcement of
10 Support Act and is pending on the effective date of this
11 amendatory Act of 1997 shall be decided in accordance with
12 that Act as it existed immediately before its repeal by this
13 amendatory Act of 1997. (Blank).
14 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
15 by P.A. 88-691.)
16 Section 99. This Act takes effect upon becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 750 ILCS 22/101
4 750 ILCS 22/102
5 750 ILCS 22/Article 2, Part A caption
6 750 ILCS 22/Article 2, Part B caption
7 750 ILCS 22/203
8 750 ILCS 22/205
9 750 ILCS 22/206
10 750 ILCS 22/Article 2, Part C caption
11 750 ILCS 22/207
12 750 ILCS 22/208
13 750 ILCS 22/301
14 750 ILCS 22/303
15 750 ILCS 22/304
16 750 ILCS 22/305
17 750 ILCS 22/306
18 750 ILCS 22/307
19 750 ILCS 22/316
20 750 ILCS 22/401
21 750 ILCS 22/Article 5 caption
22 750 ILCS 22/501
23 750 ILCS 22/502
24 750 ILCS 22/503 new
25 750 ILCS 22/504 new
26 750 ILCS 22/505 new
27 750 ILCS 22/506 new
28 750 ILCS 22/507 new
29 750 ILCS 22/Article 6, Part A caption
30 750 ILCS 22/Article 6, Part B caption
31 750 ILCS 22/605
32 750 ILCS 22/606
33 750 ILCS 22/609
34 750 ILCS 22/Article 6, Part C caption
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1 750 ILCS 22/610
2 750 ILCS 22/611
3 750 ILCS 22/612
4 750 ILCS 22/613 new
5 750 ILCS 22/614 new
6 750 ILCS 22/905