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Public Act 099-0769 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Parentage Act of 2015 is amended by | ||||
changing Sections 103, 201, 204, 205, 301, 302, 303, 304, 305, | ||||
307, 308, 309, 310, 311, 312, 313, 501, 502, 602, 604, 610, | ||||
611, 622, 802, 803, 805, 808, 809, 903, and 904 as follows: | ||||
(750 ILCS 46/103)
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Sec. 103. Definitions. In this Act: | ||||
(a) "Acknowledged father" means a man who has established a | ||||
father-child relationship under Article 3.
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(b) "Adjudicated father" means a man who has been | ||||
adjudicated by a court of competent jurisdiction, or as | ||||
authorized under Article X of the Illinois Public Aid Code, to | ||||
be the father of a child.
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(c) "Alleged father" means a man who alleges himself to be, | ||||
or is alleged to be, the biological father or a possible | ||||
biological father of a child, but whose paternity has not been | ||||
established. The term does not include:
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(1) a presumed parent or acknowledged father; or | ||||
(2) a man whose parental rights have been terminated or
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declared not to exist.
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(d) (Reserved). |
(e) "Child" means an individual of any age whose parentage | ||
may be established under this Act.
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(f) "Combined paternity index" means the likelihood of | ||
paternity calculated by computing the ratio between:
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(1) the likelihood that the tested man is the father, | ||
based on the genetic markers of the tested man, mother, and | ||
child, conditioned on the hypothesis that the tested man is | ||
the father of the child; and
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(2) the likelihood that the tested man is not the | ||
father, based on the genetic markers of the tested man, | ||
mother, and child, conditioned on the hypothesis that the | ||
tested man is not the father of the child and that the | ||
father is of the same ethnic or racial group as the tested | ||
man.
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(g) "Commence" means to file the initial pleading seeking | ||
an adjudication of parentage in the circuit court of this | ||
State.
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(h) "Determination of parentage" means the establishment | ||
of the parent-child relationship by the signing of a voluntary | ||
acknowledgment under Article 3 of this Act or adjudication by | ||
the court or as authorized under Article X of the Illinois | ||
Public Aid Code.
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(i) (Reserved). | ||
(j) "Ethnic or racial group" means, for purposes of genetic | ||
testing, a recognized group that an individual identifies as | ||
all or part of the individual's ancestry or that is so |
identified by other information.
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(k) "Gamete" means either a sperm or an egg.
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(l) "Genetic testing" means an analysis of genetic markers | ||
to exclude or identify a man as the father or a woman as the | ||
mother of a child as provided in Article 4 of this Act.
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(l-5) "Gestational surrogacy" means the process by which a | ||
woman attempts to carry and give birth to a child created | ||
through in vitro fertilization in which the gestational | ||
surrogate has made no genetic contribution to any resulting | ||
child. | ||
(m) "Gestational surrogate mother " means a an adult woman | ||
who is not an intended parent and agrees to engage in a | ||
gestational surrogacy arrangement gives birth to a child | ||
pursuant to the terms of a valid gestational surrogacy | ||
arrangement under the Gestational Surrogacy Act contract .
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(m-5) "Intended parent" means a person who enters into an | ||
assisted reproductive technology arrangement, including a | ||
gestational surrogacy arrangement, under which he or she will | ||
be the legal parent of the resulting child. | ||
(n) "Parent" means an individual who has established a | ||
parent-child relationship under Section 201 of this Act.
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(o) "Parent-child relationship" means the legal | ||
relationship between a child and a parent of the child. | ||
(p) "Presumed parent" means an individual who, by operation | ||
of law under Section 204 of this Act, is recognized as the | ||
parent of a child until that status is rebutted or confirmed in |
a judicial or administrative proceeding.
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(q) "Probability of paternity" means the measure, for the | ||
ethnic or racial group to which the alleged father belongs, of | ||
the probability that the man in question is the father of the | ||
child, compared with a random, unrelated man of the same ethnic | ||
or racial group, expressed as a percentage incorporating the | ||
combined paternity index and a prior probability.
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(r) "Record" means information that is inscribed on a | ||
tangible medium or that is stored in an electronic or other | ||
medium and is retrievable in perceivable form.
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(s) "Signatory" means an individual who authenticates a | ||
record and is bound by its terms.
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(t) "State" means a state of the United States, the | ||
District of Columbia, Puerto Rico, the United States Virgin | ||
Islands, or any territory or insular possession subject to the | ||
jurisdiction of the United States.
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(u) "Substantially similar legal relationship" means a | ||
relationship recognized in this State under Section 60 of the | ||
Illinois Religious Freedom Protection and Civil Union Act. | ||
(v) "Support-enforcement agency" means a public official | ||
or agency authorized to seek:
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(1) enforcement of support orders or laws relating to | ||
the duty of support;
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(2) establishment or modification of child support;
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(3) determination of parentage; or
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(4) location of child-support obligors and their |
income and assets.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/201)
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Sec. 201. Establishment of parent-child relationship. | ||
(a) The parent-child relationship is established between a | ||
woman and a child by:
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(1) the woman having given birth to the child, except | ||
as otherwise provided in the Gestational Surrogacy Act a | ||
valid gestational surrogacy contract ; | ||
(2) an adjudication of the woman's parentage; | ||
(3) adoption of the child by the woman; | ||
(4) a valid gestational surrogacy arrangement that | ||
complies with the contract under the Gestational Surrogacy | ||
Act or other law; or | ||
(5) an unrebutted presumption of the woman's parentage | ||
of the child under Section 204 of this Act. | ||
(b) The parent-child relationship is established between a | ||
man and a child by:
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(1) an unrebutted presumption of the man's parentage of | ||
the child under Section 204 of this Act;
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(2) an effective voluntary acknowledgment of paternity | ||
by the man under Article 3 of this Act, unless the | ||
acknowledgment has been rescinded or successfully | ||
challenged;
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(3) an adjudication of the man's parentage;
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(4) adoption of the child by the man; or | ||
(5) a valid gestational surrogacy arrangement that | ||
complies with the contract under the Gestational Surrogacy | ||
Act or other law. | ||
(c) Insofar as practicable, the provisions of this Act | ||
applicable to parent-child relationships shall apply equally | ||
to men and women as parents, including, but not limited to, the | ||
obligation to support.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/204)
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Sec. 204. Presumption of parentage. | ||
(a) A person is presumed to be the parent of a child if:
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(1) the person and the mother of the child have entered | ||
into a marriage, civil union, or substantially similar | ||
legal relationship, and the child is born to the mother | ||
during the marriage, civil union, or substantially similar | ||
legal relationship, except as provided in the Gestational | ||
Surrogacy Act by a valid gestational surrogacy contract, or | ||
other law; | ||
(2) the person and the mother of the child were in a | ||
marriage, civil union, or substantially similar legal | ||
relationship and the child is born to the mother within 300 | ||
days after the marriage, civil union, or substantially | ||
similar legal relationship is terminated by death, | ||
declaration of invalidity of marriage, judgment for |
dissolution of marriage, civil union, or substantially | ||
similar legal relationship, or after a judgment for legal | ||
separation, except as provided in the Gestational | ||
Surrogacy Act by a valid gestational surrogacy contract, or | ||
other law; | ||
(3) before the birth of the child, the person and the | ||
mother of the child entered into a marriage, civil union, | ||
or substantially similar legal relationship in apparent | ||
compliance with law, even if the attempted marriage, civil | ||
union, or substantially similar legal relationship is or | ||
could be declared invalid, and the child is born during the | ||
invalid marriage, civil union, or substantially similar | ||
legal relationship or within 300 days after its termination | ||
by death, declaration of invalidity of marriage, judgment | ||
for dissolution of marriage, civil union, or substantially | ||
similar legal relationship, or after a judgment for legal | ||
separation, except as provided in the Gestational | ||
Surrogacy Act by a valid gestational surrogacy contract, or | ||
other law;
or | ||
(4) after the child's birth, the person and the child's | ||
mother have entered into a marriage, civil union, or | ||
substantially similar legal relationship, even if the | ||
marriage, civil union, or substantially similar legal | ||
relationship is or could be declared invalid, and the | ||
person is named, with the person's written consent, as the | ||
child's parent on the child's birth certificate. |
(b) If 2 or more conflicting presumptions arise under this | ||
Section, the presumption which on the facts is founded on the | ||
weightier considerations of policy and logic, especially the | ||
policy of promoting the child's best interests, controls.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/205)
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Sec. 205. Proceedings to declare the non-existence of the | ||
parent-child relationship.
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(a) An action to declare the non-existence of the | ||
parent-child relationship may be brought by the child, the | ||
birth mother, or a person presumed to be a parent under Section | ||
204 of this Act. Actions brought by the child, the birth | ||
mother, or a presumed parent shall be brought by verified | ||
complaint, which shall be designated a petition.
After a | ||
presumption under Section 204 of this Act has been rebutted, | ||
parentage of the child by another man or woman may be | ||
established in the same action, if he or she has been made a | ||
party. | ||
(b) An action to declare the non-existence of the | ||
parent-child relationship brought under subsection (a) of this | ||
Section shall be barred if brought later than 2 years after the | ||
petitioner knew or should have known of the relevant facts. The | ||
2-year period for bringing an action to declare the | ||
non-existence of the parent-child relationship shall not | ||
extend beyond the date on which the child reaches the age of 18 |
years. Failure to bring an action within 2 years shall not bar | ||
any party from asserting a defense in any action to declare the | ||
existence of the parent-child relationship. | ||
(c) An action to declare the non-existence of the | ||
parent-child relationship may be brought subsequent to an | ||
adjudication of parentage in any judgment by the man | ||
adjudicated to be the parent pursuant to a presumption in | ||
paragraphs (a)(1) through (a)(4) of Section 204 if, as a result | ||
of deoxyribonucleic acid (DNA) testing, it is discovered that | ||
the man adjudicated to be the parent is not the father of the | ||
child. Actions brought by the adjudicated father shall be | ||
brought by
verified petition. If, as a result of the | ||
deoxyribonucleic acid (DNA) testing that is admissible under | ||
Section 614 of this Act, the petitioner is determined not to be | ||
the father of the child, the adjudication of paternity and any | ||
orders regarding the allocation of parental responsibilities | ||
custody , parenting time, and future payments of support may be | ||
vacated. | ||
(d) An action to declare the non-existence of the | ||
parent-child relationship brought under subsection (c) of this | ||
Section shall be barred if brought more than 2 years after the | ||
petitioner obtains actual knowledge of relevant facts. The | ||
2-year period shall not apply to periods of time where the | ||
birth mother or the child refuses to submit to deoxyribonucleic | ||
acid (DNA) testing. The 2-year period for bringing an action to | ||
declare the non-existence of the parent-child relationship |
shall not extend beyond the date on which the child reaches the | ||
age of 18 years.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/301)
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Sec. 301. Voluntary acknowledgment. A parent-child | ||
relationship may be established voluntarily by the signing and | ||
witnessing of a voluntary acknowledgment in accordance with | ||
Section 12 of the Vital Records Act and Section 10-17.7 of the | ||
Illinois Public Aid Code. The voluntary acknowledgment shall | ||
contain the last four digits of the social security numbers or | ||
tax identification numbers of the persons signing the voluntary | ||
acknowledgment; however, failure to include the social | ||
security numbers of the persons signing a voluntary | ||
acknowledgment does not invalidate the voluntary | ||
acknowledgment.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/302)
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Sec. 302. Execution of voluntary acknowledgment. | ||
(a) A voluntary acknowledgment described in Section 301 of | ||
this Act must:
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(1) be in a record;
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(2) be signed, or otherwise authenticated, under | ||
penalty of perjury by the mother and by the man seeking to | ||
establish his parentage;
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(3) state that the child whose parentage is being | ||
acknowledged:
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(A) does not have a presumed parent, or has a | ||
presumed parent whose full name is stated; and
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(B) does not have another acknowledged or | ||
adjudicated parent;
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(4) be witnessed; and
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(5) state that the signatories understand that the | ||
voluntary acknowledgment is the equivalent of a judicial | ||
adjudication of parentage of the child and that : (i) a | ||
challenge by a signatory to the voluntary acknowledgment | ||
may be permitted only upon a showing of fraud, duress, or | ||
material mistake of fact; and (ii) a challenge to the | ||
voluntary acknowledgment is barred after 2 years unless | ||
that period is tolled pursuant to the law a challenge to | ||
the acknowledgment is permitted only under limited | ||
circumstances and is barred after 2 years .
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(b) An acknowledgment is void if it:
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(1) states that another person is a presumed parent, | ||
unless a denial signed or otherwise authenticated by the | ||
presumed parent is filed with the Department of Healthcare | ||
and Family Services, as provided by law;
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(2) states that another person is an acknowledged or | ||
adjudicated parent; or
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(3) falsely denies the existence of a presumed, | ||
acknowledged, or adjudicated parent of the child.
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(c) A presumed father may sign or otherwise authenticate a | ||
voluntary an acknowledgment.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/303)
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Sec. 303. Denial of parentage. A presumed parent may sign a | ||
denial of parentage. The denial is valid only if: | ||
(a) a voluntary acknowledgment described in Section | ||
301 of this Act signed, or otherwise authenticated, by a | ||
man is filed pursuant to Section 305 of this Act;
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(b) the denial is in a record, and is signed, or | ||
otherwise authenticated, under penalty of perjury; and
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(c) the presumed parent has not previously:
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(1) acknowledged his parentage, unless the | ||
previous voluntary acknowledgment has been rescinded | ||
under Section 307 of this Act or successfully | ||
challenged under Section 308 of this Act; or
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(2) been adjudicated to be the parent of the child.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/304)
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Sec. 304. Rules for voluntary acknowledgment and denial of | ||
parentage. | ||
(a) A voluntary An acknowledgment as described in Section | ||
301 of this Act and a denial of parentage may be contained in a | ||
single document or may be signed in counterparts, and may be |
filed separately or simultaneously. If the voluntary | ||
acknowledgment and denial are both necessary, neither is valid | ||
until both are filed.
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(b) A voluntary An acknowledgment or a denial may be signed | ||
before the birth of the child.
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(c) Subject to subsection (a), an acknowledgment or denial | ||
takes effect on the birth of the child or the filing of the | ||
document with the Department of Healthcare and Family Services, | ||
as provided by law , whichever occurs later .
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(d) A voluntary An acknowledgment or denial signed by a | ||
minor is valid if it is otherwise in compliance with this Act.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/305)
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Sec. 305. Effect of voluntary acknowledgment or denial of | ||
parentage. | ||
(a) Except as otherwise provided in Sections 307 and 308 of | ||
this Act, a valid voluntary acknowledgment filed with the | ||
Department of Healthcare and Family Services, as provided by | ||
law, is equivalent to an adjudication of the parentage of a | ||
child and confers upon the acknowledged father all of the | ||
rights and duties of a parent.
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(b) Notwithstanding any other provision of this Act, | ||
parentage established in accordance with Section 301 of this | ||
Act has the full force and effect of a judgment entered under | ||
this Act and serves as a basis for seeking a child support |
order without any further proceedings to establish parentage.
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(c) Except as otherwise provided in Sections 307 and 308 of | ||
this Act, a valid denial by a presumed parent filed with the | ||
Department of Healthcare and Family Services, as provided by | ||
law, in conjunction with a voluntary acknowledgment, is | ||
equivalent to an adjudication of the nonparentage of the | ||
presumed parent and discharges the presumed parent from all | ||
rights and duties of a parent.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/307)
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Sec. 307. Proceeding for rescission. A signatory may | ||
rescind a voluntary acknowledgment or denial by filing a signed | ||
and witnessed rescission with the Department of Healthcare and | ||
Family Services as provided in Section 12 of the Vital Records | ||
Act, before the earlier of: | ||
(a) 60 days after the effective date of the voluntary | ||
acknowledgment or denial, as provided in Section 304 of | ||
this Act; or
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(b) the date of a judicial or administrative proceeding | ||
relating to the child (including a proceeding to establish | ||
a support order) in which the signatory is a party.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/308)
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Sec. 308. Challenge after expiration of period for |
rescission. After the period for rescission under Section 307 | ||
of this Act has expired, a signatory of a voluntary | ||
acknowledgment or denial may commence a proceeding to challenge | ||
the voluntary acknowledgment or denial only as provided in | ||
Section 309 of this Act.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/309)
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Sec. 309. Procedure for challenge. | ||
(a) A voluntary acknowledgment and any related denial may | ||
be challenged only on the basis of fraud, duress, or material | ||
mistake of fact by filing a verified petition under this | ||
Section within 2 years after the effective date of the | ||
voluntary acknowledgment or denial, as provided in Section 304 | ||
of this Act. Time during which the person challenging the | ||
voluntary acknowledgment or denial is under legal disability or | ||
duress or the ground for relief is fraudulently concealed shall | ||
be excluded in computing the period of 2 years.
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(b) The verified complaint, which shall be designated a | ||
petition, shall be filed in the county where a proceeding | ||
relating to the child was brought, such as a support proceeding | ||
or, if none exists, in the county where the child resides. | ||
Every signatory to the voluntary acknowledgment and any related | ||
denial must be made a party to a proceeding to challenge the | ||
voluntary acknowledgment or denial. The party challenging the | ||
voluntary acknowledgment or denial shall have the burden of |
proof.
The burden of proof to challenge a voluntary | ||
acknowledgment is clear and convincing evidence. | ||
(c) For the purpose of a challenge to a voluntary an | ||
acknowledgment or denial, a signatory submits to personal | ||
jurisdiction of this State by signing the voluntary | ||
acknowledgment and any related denial, effective upon the | ||
filing of the voluntary acknowledgment and any related denial | ||
with the Department of Healthcare and Family Services, as | ||
provided in Section 12 of the Vital Records Act.
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(d) Except for good cause shown, during the pendency of a | ||
proceeding to challenge a voluntary an acknowledgment or | ||
denial, the court may not suspend the legal responsibilities of | ||
a signatory arising from the voluntary acknowledgment, | ||
including the duty to pay child support.
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(e) At the conclusion of a proceeding to challenge a | ||
voluntary an acknowledgment or denial, the court shall order | ||
the Department of Public Health to amend the birth record of | ||
the child, if appropriate. A copy of an order entered at the | ||
conclusion of a proceeding to challenge shall be provided to | ||
the Department of Healthcare and Family Services.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/310)
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Sec. 310. Ratification barred. A court or administrative | ||
agency conducting a judicial or administrative proceeding is | ||
not required or permitted to ratify an unchallenged voluntary |
acknowledgment described in Section 301 of this Act.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/311)
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Sec. 311. Full faith and credit. A court of this State | ||
shall give full faith and credit to a valid voluntary | ||
acknowledgment or denial of parentage effective in another | ||
state if the voluntary acknowledgment or denial has been signed | ||
and is otherwise in compliance with the law of the other state.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/312)
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Sec. 312. Forms for voluntary acknowledgment and denial of | ||
parentage. | ||
(a) To facilitate compliance with this Article, the | ||
Department of Healthcare and Family Services shall prescribe | ||
forms for the voluntary acknowledgment and the denial of | ||
parentage and for the rescission of the voluntary | ||
acknowledgment or denial of parentage consistent with Section | ||
307 of this Act.
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(b) A voluntary acknowledgment , or denial , or rescission of | ||
voluntary acknowledgment or denial of parentage , regardless of | ||
which version of the prescribed form is used, is not affected | ||
by a later modification of the prescribed form. | ||
(c) Any voluntary acknowledgment, denial, or rescission of | ||
voluntary acknowledgement or denial of parentage that was |
completed before January 1, 2016 is valid if it met all | ||
criteria for validity at the time it was signed.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/313)
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Sec. 313. Release of information. The Department of | ||
Healthcare and Family Services may release information | ||
relating to the voluntary acknowledgment described in Section | ||
301 of this Act, or the related denial, to a signatory of the | ||
voluntary acknowledgment or denial; to the child's guardian, | ||
the emancipated child, or the legal representatives of those | ||
individuals; to appropriate federal agencies; and to courts and | ||
appropriate agencies of this State or another state.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/501)
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Sec. 501. Temporary orders. | ||
(a) On a motion by a party and a showing of clear and | ||
convincing evidence of parentage, the court shall issue a | ||
temporary order for support of a child , including a non-minor | ||
child with a disability, if the order is appropriate and the | ||
individual ordered to pay support is:
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(1) a presumed parent of the child;
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(2) petitioning to have parentage adjudicated;
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(3) identified as the father through genetic testing | ||
under Article 4 of this Act;
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(4) an alleged father who has declined to submit to | ||
genetic testing;
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(5) shown by clear and convincing evidence to be the | ||
child's father;
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(6) the mother of the child; or
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(7) anyone else determined to be the child's parent.
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In determining the amount of a temporary child support | ||
award, the court shall use the guidelines and standards set | ||
forth in Sections 505 , and 505.2 , and 513.5 of the Illinois | ||
Marriage and Dissolution of Marriage Act.
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(b) A temporary order may include provisions for the | ||
allocation of parental responsibilities custody and parenting | ||
time as provided by the Illinois Marriage and Dissolution of | ||
Marriage Act.
A temporary order may, in accordance with the | ||
provisions of subsection (a) of Section 508 of the Illinois | ||
Marriage and Dissolution of Marriage Act that relate to | ||
proceedings other than pre-judgment dissolution proceedings, | ||
include an award for interim attorney's fees and costs. | ||
(c) Temporary orders issued under this Section shall not | ||
have prejudicial effect with respect to final child support, | ||
the allocation of parental responsibilities custody , or | ||
parenting time orders.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/502)
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Sec. 502. Injunctive relief. |
(a) In any action brought under this Act for the initial | ||
determination of parentage, the allocation of parental | ||
responsibilities custody or parenting time of a child , or for | ||
modification of a prior allocation order or judgment custody or | ||
parenting time order, the court, upon application of a party, | ||
may enjoin a party having physical possession or an allocation | ||
order or judgment custody of a child from temporarily | ||
relocating removing the child from this State pending the | ||
adjudication of the issues of parentage, the allocation of | ||
parental responsibilities custody , and parenting time. When | ||
deciding whether to enjoin relocation removal of a child, or to | ||
order a party to return the child to this State, the court | ||
shall consider factors including, but not limited to:
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(1) the extent of previous involvement with the child | ||
by the party seeking to enjoin relocation removal or to | ||
have the absent party return the child to this State;
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(2) the likelihood that parentage will be established; | ||
and
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(3) the impact on the financial, physical, and | ||
emotional health of the party being enjoined from | ||
relocating removing the child or the party being ordered to | ||
return the child to this State.
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(b) A temporary restraining order or preliminary | ||
injunction under this Act shall be governed by the relevant | ||
provisions of Part 1 of Article XI of the Code of Civil | ||
Procedure. |
(c) Notwithstanding the provisions of subsection (a) of | ||
this Section, the court may decline to enjoin a domestic | ||
violence victim having physical possession or an allocation | ||
order or judgment custody of a child from temporarily or | ||
permanently relocating removing the child from this State | ||
pending an allocation of parental responsibilities the | ||
adjudication of issues of custody or an adjudication of | ||
parenting time. In determining whether a person is a domestic | ||
violence victim, the court shall consider the following | ||
factors:
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(1) a sworn statement by the person that the person has | ||
good reason to believe that he or she is the victim of | ||
domestic violence or stalking;
| ||
(2) a sworn statement that the person fears for his or | ||
her safety or the safety of his or her children;
| ||
(3) evidence from police, court, or other government | ||
agency records or files;
| ||
(4) documentation from a domestic violence program if | ||
the person is alleged to be a victim of domestic violence;
| ||
(5) documentation from a legal, clerical, medical, or | ||
other professional from whom the person has sought | ||
assistance in dealing with the alleged domestic violence; | ||
and
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(6) any other evidence that supports the sworn | ||
statements, such as a statement from any other individual | ||
with knowledge of the circumstances that provides the basis |
for the claim, or physical evidence of the domestic | ||
violence.
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(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/602)
| ||
Sec. 602. Standing. A complaint to adjudicate parentage | ||
shall be verified, shall be designated a petition, and shall | ||
name the person or persons alleged to be the parent of the | ||
child. Subject to Article 3 and Sections 607, 608, and 609 of | ||
this Act, a proceeding to adjudicate parentage may be | ||
maintained by: | ||
(a) the child;
| ||
(b) the mother of the child;
| ||
(c) a pregnant woman; | ||
(d) a man presumed or alleging himself to be the parent | ||
of the child; | ||
(e) a woman presumed or alleging herself to be the | ||
parent of the child; | ||
(f) the support-enforcement agency or other | ||
governmental agency authorized by other law;
| ||
(g) any person or public agency that has physical | ||
possession of or has custody of or has been allocated | ||
parental responsibilities for custody of , is providing | ||
financial support to, or has provided financial support to | ||
the child; | ||
(h) the Department of Healthcare and Family Services if |
it is providing, or has provided, financial support to the | ||
child or if it is assisting with child support collections | ||
services; | ||
(i) an authorized adoption agency or licensed | ||
child-placing agency; | ||
(j) a representative authorized by law to act for an | ||
individual who would otherwise be entitled to maintain a | ||
proceeding but who is deceased, incapacitated, or a minor; | ||
or | ||
(k) an intended parent pursuant to the terms of a valid | ||
gestational surrogacy contract .
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/604)
| ||
Sec. 604. Venue. | ||
(a) Venue for a proceeding to adjudicate parentage is any | ||
county of this State in which a party resides, or if the | ||
presumed or alleged father is deceased, in which a proceeding | ||
for probate or administration of the presumed or alleged | ||
father's estate has been commenced, or could be commenced. | ||
(b) A child custody proceeding for the allocation of | ||
parental responsibilities is commenced in the county where the | ||
child resides.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/610)
|
Sec. 610. Authority to deny motion for genetic testing. | ||
(a) In a proceeding in which to adjudicate the parentage of | ||
a child having a presumed, acknowledged, or adjudicated parent | ||
is at issue , the court may deny a motion by a parent, presumed | ||
parent, acknowledged parent, adjudicated parent, or alleged | ||
parent , or the child seeking an order for genetic testing of | ||
the parents and child if the court determines that:
| ||
(1) the conduct of the parent, acknowledged parent, | ||
adjudicated parent, or the presumed parent estops that | ||
party from denying parentage; | ||
(2) it would be inequitable to disprove the | ||
parent-child relationship between the child and the | ||
presumed, acknowledged, or adjudicated parent; and | ||
(3) it is in the child's best interests to deny genetic | ||
testing, taking into account the following factors: | ||
(A) the length of time between the current | ||
proceeding to adjudicate parentage and the time that | ||
the presumed, acknowledged, or adjudicated parent was | ||
placed on notice that he or she might not be the | ||
biological parent;
| ||
(B) the length of time during which the presumed, | ||
acknowledged, or adjudicated parent has assumed the | ||
role of parent of the child;
| ||
(C) the facts surrounding the presumed, | ||
acknowledged, or adjudicated parent's discovery of his | ||
or her possible nonparentage;
|
(D) the nature of the relationship between the | ||
child and the presumed, acknowledged, or adjudicated | ||
parent;
| ||
(E) the age of the child;
| ||
(F) the harm that may result to the child if the | ||
presumed, acknowledged, or adjudicated parentage is | ||
successfully disproved;
| ||
(G) the nature of the relationship between the | ||
child and any alleged parent;
| ||
(H) the extent to which the passage of time reduces | ||
the chances of establishing the parentage of another | ||
person and a child support obligation in favor of the | ||
child; | ||
(I) other factors that may affect the equities | ||
arising from the disruption of the parent-child | ||
relationship between the child and the presumed, | ||
acknowledged, or adjudicated parent or the chance of | ||
other harm to the child; and
| ||
(J) any other factors the court determines to be | ||
equitable. | ||
(b) In a proceeding involving the application of this | ||
Section, a minor or incapacitated child must be represented by | ||
a guardian ad litem, child's representative, or attorney for | ||
the child.
It shall be presumed to be equitable and in the best | ||
interests of the child to grant a motion by the child seeking | ||
an order for genetic testing. The presumption may be overcome |
by clear and convincing evidence that extraordinary | ||
circumstances exist making the genetic testing contrary to the | ||
child's best interests. The court's order denying a child's | ||
request for genetic testing must state the basis upon which the | ||
presumption was overcome. The court's order granting a child's | ||
request for genetic testing must specify the ways in which the | ||
testing results may be used for purposes of protecting the | ||
child's best interests. | ||
(c) If the court denies a motion seeking an order for | ||
genetic testing, it shall issue an order adjudicating the | ||
presumed parent to be the parent of the child.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/611)
| ||
Sec. 611. Joinder of proceedings. | ||
(a) Except as otherwise provided in subsection (b), a | ||
proceeding to adjudicate parentage may be joined with a | ||
proceeding for adoption, termination of parental rights, the | ||
allocation of parental responsibilities child custody or | ||
parenting time, child support, dissolution of marriage or civil | ||
union, declaration of invalidity of marriage or civil union, | ||
legal separation, probate or administration of an estate, or | ||
other appropriate proceeding.
| ||
(b) A respondent may not join a proceeding described in | ||
subsection (a) with a proceeding to adjudicate parentage | ||
brought under the Uniform Interstate Family Support Act.
|
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/622)
| ||
Sec. 622. Allocation of parental responsibilities or | ||
parenting time Custody or visitation prohibited to men who | ||
father through sexual assault or sexual abuse. | ||
(a) This Section applies to a person who has been found to | ||
be the father of a child under this Act and who: | ||
(1) has been convicted of or who has pled guilty or | ||
nolo contendere to a violation of Section 11-1.20 (criminal | ||
sexual assault), Section 11-1.30 (aggravated criminal | ||
sexual assault), Section 11-1.40 (predatory criminal | ||
sexual assault of a child), Section 11-1.50 (criminal | ||
sexual abuse), Section 11-1.60 (aggravated criminal sexual | ||
abuse), Section 11-11 (sexual relations within families), | ||
Section 12-13 (criminal sexual assault), Section 12-14 | ||
(aggravated criminal sexual assault), Section 12-14.1 | ||
(predatory criminal sexual assault of a child), Section | ||
12-15 (criminal sexual abuse), or Section 12-16 | ||
(aggravated criminal sexual abuse) of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or a similar statute in | ||
another jurisdiction, for his conduct in fathering that | ||
child; or | ||
(2) at a fact-finding hearing, is found by clear and | ||
convincing evidence to have committed an act of | ||
non-consensual sexual penetration for his conduct in |
fathering that child. | ||
(b) A person described in subsection (a) shall not be | ||
entitled to an allocation of any parental responsibilities | ||
custody of or parenting time visitation with that child without | ||
the consent of the child's mother or guardian. If the person | ||
described in subsection (a) is also the guardian of the child, | ||
he does not have the authority to consent to parenting time | ||
visitation or the allocation of parental responsibilities | ||
custody under this Section. If the mother of the child is a | ||
minor, and the person described in subsection (a) is also the | ||
father or guardian of the mother, then he does not have the | ||
authority to consent to the allocation of parental | ||
responsibilities or parenting time custody or visits . | ||
(c) Notwithstanding any other provision of this Act, | ||
nothing in this Section shall be construed to relieve the | ||
father described in subsection (a) of any support and | ||
maintenance obligations to the child under this Act. The | ||
child's mother or guardian may decline support and maintenance | ||
obligations from the father. | ||
(d) Notwithstanding any other provision of law, the father | ||
described in subsection (a) of this Section is not entitled to | ||
any inheritance or other rights from the child without the | ||
consent of the child's mother or guardian.
| ||
(e) Notwithstanding any provision of the Illinois Marriage | ||
and Dissolution of Marriage Act, the parent, grandparent, | ||
great-grandparent, or sibling of the person described in |
subsection (a) of this Section does not have standing to bring | ||
an action requesting the allocation of parental | ||
responsibilities custody or parenting time visitation with the | ||
child without the consent of the child's mother or guardian. | ||
(f) A petition under this Section may be filed by the | ||
child's mother or guardian either as an affirmative petition in | ||
circuit court or as an affirmative defense in any proceeding | ||
filed by the person described in subsection (a) of this Section | ||
regarding the child.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/802)
| ||
Sec. 802. Judgment. | ||
(a) The court shall issue an order adjudicating whether a | ||
person alleged or claiming to be the parent is the parent of | ||
the child. An order adjudicating parentage must identify the | ||
child by name initials and date year of birth. | ||
The court may assess filing fees, reasonable attorney's | ||
fees, fees for genetic testing, other costs, necessary travel | ||
expenses, and other reasonable expenses incurred in a | ||
proceeding under this Act. The court may award attorney's fees, | ||
which may be paid directly to the attorney, who may enforce the | ||
order in the attorney's own name. The court may not assess | ||
fees, costs, or expenses against the support-enforcement | ||
agency of this State or another state, except as provided by | ||
other law. |
The judgment shall contain or explicitly reserve | ||
provisions concerning any duty and amount of child support and | ||
may contain provisions concerning the allocation of parental | ||
responsibilities or custody and guardianship of the child, | ||
parenting time privileges with the child, and the furnishing of | ||
bond or other security for the payment of the judgment, which | ||
the court shall determine in accordance with the relevant | ||
factors set forth in the Illinois Marriage and Dissolution of | ||
Marriage Act and any other applicable law of
this State, to | ||
guide the court in a finding in the best interests of the | ||
child. In determining the allocation of parental | ||
responsibilities, relocation custody, joint custody, removal , | ||
parenting time, parenting time interference, support for a | ||
non-minor disabled child, educational expenses for a non-minor | ||
child, and related post-judgment issues, the court shall apply | ||
the relevant standards of the Illinois Marriage and Dissolution | ||
of Marriage Act. Specifically, in determining the amount of a | ||
child support award, the court shall use the guidelines and | ||
standards set forth in subsection (a) of Section 505 and in | ||
Section 505.2 of the Illinois Marriage and Dissolution of | ||
Marriage Act.
The court shall order all child support payments, | ||
determined in accordance with such guidelines, to commence with | ||
the date summons is served. The level of current periodic | ||
support payments shall not be reduced because of payments set | ||
for the period prior to the date of entry of the support order. | ||
(b) In an action brought within 2 years after a child's |
birth, the judgment or order may direct either parent to pay | ||
the reasonable expenses incurred by either parent or the | ||
Department of Healthcare and Family Services related to the | ||
mother's pregnancy and the delivery of the child. | ||
(c) In the absence of an explicit order or judgment for the | ||
allocation of parental responsibilities If a judgment of | ||
parentage contains no explicit award of custody , the | ||
establishment of a child support obligation or the allocation | ||
of parenting time to rights in one parent shall be construed as | ||
an order or judgment allocating all parental responsibilities | ||
considered a judgment granting custody to the other parent. If | ||
the parentage order or judgment contains no such provisions, | ||
all parental responsibilities custody shall be presumed to be | ||
allocated to with the mother; however, the presumption shall | ||
not apply if the child has resided primarily with the other | ||
parent father has had physical custody for at least 6 months | ||
prior to the date that the mother seeks to enforce the order or | ||
judgment of parentage custodial rights . | ||
(d) The court, if necessary to protect and promote the best | ||
interests of the child, may set aside a portion of the | ||
separately held estates of the parties in a separate fund or | ||
trust for the support, education, physical and mental health, | ||
and general welfare of a minor or mentally or physically | ||
disabled child of the parties. | ||
(e) The court may order child support payments to be made | ||
for a period prior to the commencement of the action. In |
determining whether and to what extent the payments shall be | ||
made for the prior period, the court shall consider all | ||
relevant facts, including but not limited to:
| ||
(1) The factors for determining the amount of support | ||
specified in the Illinois Marriage and Dissolution of | ||
Marriage Act. | ||
(2) The father's prior knowledge of the person | ||
obligated to pay support of the fact and circumstances of | ||
the child's birth.
| ||
(3) The father's prior willingness or refusal to help | ||
raise or support the child.
| ||
(4) The extent to which the mother or the public agency | ||
bringing the action previously informed the person | ||
obligated to pay support father of the child's needs or | ||
attempted to seek or require the his help of the person | ||
obligated to pay support in raising or supporting the | ||
child.
| ||
(5) The reasons the mother or the public agency did not | ||
file the action earlier.
| ||
(6) The extent to which the person obligated to pay | ||
support father would be prejudiced by the delay in bringing | ||
the action. | ||
For purposes of determining the amount of child support to | ||
be paid for the period before the date the order for current | ||
child support is entered, there is a rebuttable presumption | ||
that the father's net income of the person obligated to pay |
support for the prior period was the same as the his net income | ||
of the person obligated to pay support at the time the order | ||
for current child support is entered. | ||
If (i) the person obligated to pay support non-custodial | ||
parent was properly served with a request for discovery of | ||
financial information relating to the non-custodial parent's | ||
ability to provide child support of the person obligated to pay | ||
support ; (ii) the person obligated to pay support non-custodial | ||
parent failed to comply with the request, despite having been | ||
ordered to do so by the court; and (iii) the person obligated | ||
to pay support non-custodial parent is not present at the | ||
hearing to determine support despite having received proper | ||
notice, then any relevant financial information concerning the | ||
non-custodial parent's ability to provide child support of the | ||
person obligated to pay support that was obtained pursuant to | ||
subpoena and proper notice shall be admitted into evidence | ||
without the need to establish any further foundation for its | ||
admission.
| ||
(f) A new or existing support order entered by the court | ||
under this Section shall be deemed to be a series of judgments | ||
against the person obligated to pay support thereunder, each | ||
judgment to be in the amount of each payment or installment of | ||
support and each judgment to be deemed entered as of the date | ||
the corresponding payment or installment becomes due under the | ||
terms of the support order. Each judgment shall have the full | ||
force, effect, and attributes of any other judgment of this |
State, including the ability to be enforced. A judgment under | ||
this Section is subject to modification or termination only in | ||
accordance with Section 510 of the Illinois Marriage and | ||
Dissolution of Marriage Act. Notwithstanding any State or local | ||
law to the contrary, a lien arises by operation of law against | ||
the real and personal property of the noncustodial parent for | ||
each installment of overdue support owed by the noncustodial | ||
parent.
| ||
(g) If the judgment or order of the court is at variance | ||
with the child's birth certificate, the court shall order that | ||
a new birth certificate be issued under the Vital Records Act.
| ||
(h) On the request of both parents, the court shall order a | ||
change in the child's name.
| ||
(i) After hearing evidence, the court may stay payment of | ||
support during the period of the father's minority or period of | ||
disability.
| ||
(j) If, upon a showing of proper service, the father fails | ||
to appear in court or otherwise appear as provided by law, the | ||
court may proceed to hear the cause upon testimony of the | ||
mother or other parties taken in open court and shall enter a | ||
judgment by default. The court may reserve any order as to the | ||
amount of child support until the father has received notice, | ||
by regular mail, of a hearing on the matter.
| ||
(k) An order for support, when entered or modified, shall | ||
include a provision requiring the non-custodial parent to | ||
notify the court and, in cases in which a party is receiving |
child support enforcement services under Article X of the | ||
Illinois Public Aid Code, the Department of Healthcare and | ||
Family Services, within 7 days: (i) of the name and address of | ||
any new employer of the non-custodial parent; (ii) whether the | ||
non-custodial parent has access to health insurance coverage | ||
through the employer or other group coverage and, if so, of the | ||
policy name and number and the names of adults and initials of | ||
minors covered under the policy; and (iii) of any new | ||
residential or mailing address or telephone number of the | ||
non-custodial parent. In a subsequent action to enforce a | ||
support order, upon a sufficient showing that a diligent effort | ||
has been made to ascertain the location of the non-custodial | ||
parent, service of process or provision of notice necessary in | ||
the case may be made at the last known address of the | ||
non-custodial parent in any manner expressly provided by this | ||
Act or the Code of Civil Procedure, and shall be sufficient for | ||
purposes of due process.
| ||
(l) An order for support shall include a date on which the | ||
current support obligation terminates. The termination date | ||
shall be no earlier than the date on which the child covered by | ||
the order will attain the age of 18. However, if the child will | ||
not graduate from high school until after attaining the age of | ||
18, then the termination date shall be no earlier than the | ||
earlier of the date on which the child's high school graduation | ||
will occur or the date on which the child will attain the age | ||
of 19. The order for support shall state that the termination |
date does not apply to any arrearage that may remain unpaid on | ||
that date. Nothing in this subsection shall be construed to | ||
prevent the court from modifying the order or terminating the | ||
order in the event the child is otherwise emancipated.
| ||
(m) If there is an unpaid arrearage or delinquency (as | ||
those terms are defined in the Income Withholding for Support | ||
Act) equal to at least one month's support obligation on the | ||
termination date stated in the order for support or, if there | ||
is no termination date stated in the order, on the date the | ||
child attains the age of majority or is otherwise emancipated, | ||
the periodic amount required to be paid for current support of | ||
that child immediately prior to that date shall automatically | ||
continue to be an obligation, not as current support but as | ||
periodic payment toward satisfaction of the unpaid arrearage or | ||
delinquency. The periodic payment shall be in addition to any | ||
periodic payment previously required for satisfaction of the | ||
arrearage or delinquency. The total periodic amount to be paid | ||
toward satisfaction of the arrearage or delinquency may be | ||
enforced and collected by any method provided by law for | ||
enforcement and collection of child support, including but not | ||
limited to income withholding under the Income Withholding for
| ||
Support Act. Each order for support entered or modified must | ||
contain a statement notifying the parties of the requirements | ||
of this subsection. Failure to include the statement in the | ||
order for support does not affect the validity of the order or | ||
the operation of the provisions of this subsection with regard |
to the order. This subsection shall not be construed to prevent | ||
or affect the establishment or modification of an order for | ||
support of a minor child or the establishment or modification | ||
of an order for support of a non-minor child or educational | ||
expenses under Section 513 of the Illinois Marriage and | ||
Dissolution of Marriage Act.
| ||
(n) An order entered under this Section shall include a | ||
provision requiring the obligor to report to the obligee and to | ||
the clerk of court within 7 days each time the obligor obtains | ||
new employment, and each time the obligor's employment is | ||
terminated for any reason. The report shall be in writing and | ||
shall, in the case of new employment, include the name and | ||
address of the new employer. Failure to report new employment | ||
or the termination of current employment, if coupled with | ||
nonpayment of support for a period in excess of 60 days, is | ||
indirect criminal contempt. For an obligor arrested for failure | ||
to report new employment, bond shall be set in the amount of | ||
the child support that should have been paid during the period | ||
of unreported employment. An order entered under this Section | ||
shall also include a provision requiring the obligor and | ||
obligee parents to advise each other of a change in residence | ||
within 5 days of the change except when the court finds that | ||
the physical, mental, or emotional health of a party or that of | ||
a minor child, or both, would be seriously endangered by | ||
disclosure of the party's address.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) |
(750 ILCS 46/803)
| ||
Sec. 803. Information to State Case Registry. | ||
(a) In this Section: | ||
"Order for support", "obligor", "obligee", and "business | ||
day" are defined as set forth in the Income Withholding for | ||
Support Act. | ||
"State Case Registry" means the State Case Registry | ||
established under Section 10-27 of the Illinois Public Aid | ||
Code.
| ||
(b) Each order for support entered or modified by the | ||
circuit court under this Act shall require that the obligor and | ||
obligee file with the clerk of the circuit court (i) the | ||
information required by this Section (and any other information | ||
required under Title IV, Part D of the Social Security Act or | ||
by the federal Department of Health and Human Services) at the | ||
time of entry or modification of the order for support; and | ||
(ii) updated information within 5 business days of any change. | ||
Failure of the obligor or obligee to file or update the | ||
required information shall be punishable as in cases of | ||
contempt. The failure shall not prevent the court from entering | ||
or modifying the order for support, however.
| ||
(c) The obligor shall file the following information: the | ||
obligor's name, date year of birth, mailing address, and the | ||
last 4 digits of the obligor's social security number or tax | ||
identification number . If either the obligor or the obligee |
receives child support enforcement services from the | ||
Department of Healthcare and Family Services under Article X of | ||
the Illinois Public Aid Code, the obligor shall also file the | ||
following information: the obligor's telephone number, the | ||
last 4 digits of the obligor's driver's license number, | ||
residential address (if different from the obligor's mailing | ||
address), and the name, address, and telephone number of the | ||
obligor's employer or employers.
| ||
(d) The obligee shall file the following information:
| ||
(1) The name of the obligee and the name initials of | ||
the child or children covered by the order for support.
| ||
(2) The dates years of birth of the obligee and the | ||
child or children covered by the order for support.
| ||
(3) The last 4 digits of the social security numbers or | ||
tax identification numbers of the obligee and the child or | ||
children covered by the order for support.
| ||
(4) The obligee's mailing address.
| ||
(e) In cases in which the obligee receives child support | ||
enforcement services from the Department of Healthcare and | ||
Family Services under Article X of the Illinois Public Aid | ||
Code, the order for support shall (i) require that the obligee | ||
file the information required under subsection (d) with the | ||
Department of Healthcare and Family Services for inclusion in | ||
the State Case Registry, rather than file the information with | ||
the clerk, and (ii) require that the obligee include the | ||
following additional information:
|
(1) The obligee's telephone and the last 4 digits of | ||
the obligee's driver's license number.
| ||
(2) The obligee's residential address, if different | ||
from the obligee's mailing address.
| ||
(3) The name, address, and telephone number of the | ||
obligee's employer or employers. | ||
The order for support shall also require that the obligee | ||
update the information filed with the Department of Healthcare | ||
and Family Services within 5 business days of any change.
| ||
(f) The clerk of the circuit court shall provide the | ||
information filed under this Section, together with the court | ||
docket number and county in which the order for support was | ||
entered, to the State Case Registry within 5 business days | ||
after receipt of the information.
| ||
(g) In a case in which a party is receiving child support | ||
enforcement services under Article X of the Illinois Public Aid | ||
Code, the clerk of the circuit court shall provide the | ||
following additional information to the State Case Registry | ||
within 5 business days after entry or modification of an order | ||
for support or request from the Department of Healthcare and | ||
Family Services:
| ||
(1) the amount of monthly or other periodic support | ||
owed under the order for support and other amounts, | ||
including arrearage, interest, or late payment penalties | ||
and fees, due or overdue under the order; and | ||
(2) any amounts that have been received by the clerk, |
and the distribution of those amounts by the clerk.
| ||
(h) Information filed by the obligor and obligee under this | ||
Section that is not specifically required to be included in the | ||
body of an order for support under other laws is not a public | ||
record and shall be treated as confidential and subject to | ||
disclosure only in accordance with the provisions of this | ||
Section, Section 10-27 of the Illinois Public Aid Code, and | ||
Title IV, Part D of the Social Security Act.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/805)
| ||
Sec. 805. Enforcement of judgment or order. | ||
(a) If the existence of the parent-child relationship is | ||
declared, or if parentage or a duty of support has been | ||
established under this Act or under prior law or under the law | ||
of any other jurisdiction, the judgment rendered thereunder may | ||
be enforced in the same or in other proceedings by any party or | ||
any person or agency that has furnished or may furnish | ||
financial assistance or services to the child. The Income | ||
Withholding for Support Act and Sections 802 and 808 of this | ||
Act shall also be applicable with respect to the entry, | ||
modification, and enforcement of a support judgment entered | ||
under the Paternity Act, approved July 5, 1957 and repealed | ||
July 1, 1985.
| ||
(b) Failure to comply with an order of the court shall be | ||
punishable as contempt as in other cases of failure to comply |
under the Illinois Marriage and Dissolution of Marriage Act. In | ||
addition to other penalties provided by law, the court may, | ||
after finding the party guilty of contempt, take the following | ||
action:
| ||
(1) Order that the party be placed on probation with | ||
such conditions of
probation as the court deems advisable. | ||
(2) Order that the party be sentenced to periodic | ||
imprisonment for a period not to exceed 6 months. However, | ||
the court may permit the party to be released for periods | ||
of time during the day or night to work, conduct business, | ||
or engage in other self-employed occupation. The court may | ||
further order any part of all the earnings of a party | ||
during a sentence of periodic imprisonment to be paid to | ||
the clerk of the circuit court or to the person or parent | ||
having custody of or having been allocated parental | ||
responsibilities for custody of the minor child for the | ||
support of the child until further order of the court.
| ||
(3) Pierce the ownership veil of a person, persons, or | ||
business entity to discover assets of a non-custodial | ||
parent held in the name of that person, those persons, or | ||
that business entity, if there is a unity of interest and | ||
ownership sufficient to render no financial separation | ||
between the non-custodial parent and that person, those | ||
persons, or the business entity. The following | ||
circumstances are sufficient for a court to order discovery | ||
of the assets of a person, persons, or business entity and |
to compel the application of any discovered assets toward | ||
payment of the judgment for support:
| ||
(A) the non-custodial parent and the person, | ||
persons, or business entity maintain records together.
| ||
(B) the non-custodial parent and the person, | ||
persons, or business entity fail to maintain an | ||
arm's-length relationship between themselves with | ||
regard to any assets.
| ||
(C) the non-custodial parent transfers assets to | ||
the person, persons, or business entity with the intent | ||
to perpetrate a fraud on the custodial parent.
With | ||
respect to assets which are real property, no order | ||
entered under this subdivision (3) shall affect the | ||
rights of bona fide purchasers, mortgagees, judgment | ||
creditors, or other lien holders who acquire their | ||
interests in the property prior to the time a notice of | ||
lis pendens under the Code of Civil Procedure or a copy | ||
of the order is placed of record in the office of the | ||
recorder of deeds for the county in which the real | ||
property is located.
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(4) Order that, in cases where the party is 90 days or | ||
more delinquent in payment of support or has been | ||
adjudicated in arrears in an amount equal to 90 days | ||
obligation or more, the party's Illinois driving | ||
privileges be suspended until the court determines that the | ||
party is in compliance with the judgment or duty of |
support. The court may also order that the parent be issued | ||
a family financial responsibility driving permit that | ||
would allow limited driving privileges for employment and | ||
medical purposes in accordance with Section 7-702.1 of the | ||
Illinois Vehicle Code. The clerk of the circuit court shall | ||
certify the order suspending the driving privileges of the | ||
parent or granting the issuance of a family financial | ||
responsibility driving permit to the Secretary of State on | ||
forms prescribed by the Secretary. Upon receipt of the | ||
authenticated documents, the Secretary of State shall | ||
suspend the party's driving privileges until further order | ||
of the court and shall, if ordered by the court and subject | ||
to the provisions of Section 7-702.1 of the Illinois | ||
Vehicle Code, issue a family financial responsibility | ||
driving permit to the parent.
| ||
In addition to the penalties or punishment that may be | ||
imposed under this Section, a person whose conduct constitutes | ||
a violation of Section 15 of the Non-Support Punishment Act may | ||
be prosecuted under that Act, and a person convicted under that | ||
Act may be sentenced in accordance with that Act. The sentence | ||
may include, but need not be limited to, a requirement that the | ||
person perform community service under Section 50 of that Act | ||
or participate in a work alternative program under Section 50 | ||
of that Act. A person may not be required to participate in a | ||
work alternative program under Section 50 of the Non-Support | ||
Punishment Act if the person is currently participating in a |
work program under Section 806 of this Act.
| ||
(c) In a post-judgment proceeding to enforce or modify the | ||
judgment, the parties shall continue to be designated as in the | ||
original proceeding.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/808)
| ||
Sec. 808. Modification of judgment. The court has | ||
continuing jurisdiction to modify an order for child support, | ||
allocation of parental responsibilities custody , parenting | ||
time, or relocation removal included in a judgment entered | ||
under this Act. Any allocation of parental responsibilities | ||
custody , parenting time, or relocation removal judgment | ||
modification shall be in accordance with the relevant factors | ||
specified in the Illinois Marriage and Dissolution of Marriage | ||
Act. Any support judgment is subject to modification or | ||
termination only in accordance with Section 510 of the Illinois | ||
Marriage and Dissolution of Marriage Act.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/809)
| ||
Sec. 809. Right to counsel. | ||
(a) Any party may be represented by counsel at all | ||
proceedings under this Act. Except as otherwise provided in | ||
this Act, the court may order, in accordance with the relevant | ||
factors specified in Section 508 of the Illinois Marriage and |
Dissolution of Marriage Act, reasonable fees of counsel, | ||
experts, and other costs of the action, pre-trial proceedings, | ||
post-judgment proceedings to enforce or modify the judgment, | ||
and the appeal or the defense of an appeal of the judgment to | ||
be paid by the parties. The court may not order payment by the | ||
Department of Healthcare and Family Services in cases in which | ||
the Department is providing child support enforcement services | ||
under Article X of the Illinois Public Aid Code.
| ||
(b) In any proceedings involving the support, allocation of | ||
parental responsibilities custody , parenting time, education, | ||
parentage, property interest, relocation, or general welfare | ||
of a minor or dependent child, the court may, on its own motion | ||
or that of any party, appoint an attorney to serve in one of | ||
the capacities specified in Section 506 of the Illinois | ||
Marriage and Dissolution of Marriage Act.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) | ||
(750 ILCS 46/903)
| ||
Sec. 903. Transitional provision. A proceeding to | ||
adjudicate parentage which was commenced before the effective | ||
date of this Act is governed by the law in effect at the time | ||
the proceeding was commenced , except that this Act applies to | ||
all pending actions and proceedings commenced before January 1, | ||
2016 with respect to issues on which a judgment has not been | ||
entered .
| ||
(Source: P.A. 99-85, eff. 1-1-16 .) |
(750 ILCS 46/904)
| ||
Sec. 904. Savings provision. The repeal of the Illinois | ||
Parentage Act of 1984 and the Illinois Parentage Act shall not | ||
affect rights or liabilities under that Act those Acts which | ||
have been determined, settled, or adjudicated prior to the | ||
effective date of this Act or which are the subject of | ||
proceedings pending on the effective date of this Act . This Act | ||
shall not be construed to bar an action which would have been | ||
barred because the action had not been filed within a time | ||
limitation under the Illinois Parentage Act of 1984 and the | ||
Illinois Parentage Act , or which could not have been maintained | ||
under that Act those Acts , as long as the action is not barred | ||
by a limitations period set forth in this Act.
| ||
(Source: P.A. 99-85, eff. 1-1-16 .)
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