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Public Act 099-0471 | ||||
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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 Public Aid Code is amended by | ||||
changing Section 10-15.1 as follows: | ||||
(305 ILCS 5/10-15.1) | ||||
Sec. 10-15.1. Judicial registration of administrative
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support orders and administrative paternity orders . | ||||
(a) A final administrative support order or a final | ||||
administrative paternity order, excluding a voluntary | ||||
acknowledgement or denial of paternity that is governed by | ||||
other provisions of this Code, the Illinois Parentage Act of | ||||
1984, and the Vital Records Act, established by the
Illinois | ||||
Department under this Article X may be registered in
the | ||||
appropriate circuit court of this State by the Department
or by | ||||
a party to the order by filing: | ||||
(1) Two copies, including one certified copy of the
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order to be registered, any modification of the | ||||
administrative
support order, any voluntary acknowledgment | ||||
of paternity
pertaining to the child covered by the order, | ||||
and the documents
showing service of the notice of support | ||||
obligation or the notice of paternity and support | ||||
obligation that commenced
the procedure for establishment |
of the administrative support
order or the administrative | ||
paternity order pursuant to Section 10-4 of this Code. | ||
(2) A sworn statement by the person requesting
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registration or a certified copy of the Department payment
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record showing the amount of any past due support accrued
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under the administrative support order. | ||
(3) The name of the obligor and, if known, the
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obligor's address and social security number. | ||
(4) The name of the obligee and the obligee's address,
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unless the obligee alleges in an affidavit or pleading
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under oath that the health, safety, or liberty of the
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obligee or child would be jeopardized by disclosure of
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specific identifying information, in which case that
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information must be sealed and may not be disclosed to the
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other party or public. After a hearing in which the court
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takes into consideration the health, safety, or liberty of
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the party or child, the court may order disclosure of
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information that the court determines to be in the interest
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of justice. | ||
(b) The filing of an administrative support order or an | ||
administrative paternity order under
subsection (a) | ||
constitutes registration with the circuit
court. | ||
(c) (Blank). | ||
(c-5) Every notice of registration must be accompanied by a | ||
copy of the registered administrative support order or the | ||
registered administrative paternity order and the documents |
and relevant information accompanying the order pursuant to | ||
subsection (a). | ||
(d) (Blank). | ||
(d-5) The registering party shall serve notice of the | ||
registration on the other party by first class mail, unless the | ||
administrative support order or the administrative paternity | ||
order was entered by default or the registering party is also | ||
seeking an affirmative remedy. The registering party shall | ||
serve notice on the Department in all cases by first class | ||
mail. | ||
(1) If the administrative support order or the
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administrative paternity order was entered by default | ||
against the obligor, the obligor must be served with the | ||
registration by any method provided by law for service of | ||
summons. | ||
(2) If a petition or comparable pleading seeking an | ||
affirmative remedy is filed with the registration, the | ||
non-moving party must be served with the registration and | ||
the affirmative pleading by any method provided by law for | ||
service of summons. | ||
(e) A notice of registration of an administrative support
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order or an administrative paternity order must provide the | ||
following information: | ||
(1) That a registered administrative order is
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enforceable in the same manner as an order for support or | ||
an order for paternity
issued by the circuit court. |
(2) That a hearing to contest enforcement of the
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registered administrative support order or the registered | ||
administrative paternity order must be requested
within 30 | ||
days after the date of service of the notice. | ||
(3) That failure to contest, in a timely manner, the
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enforcement of the registered administrative
support order | ||
or the registered administrative paternity order shall | ||
result in confirmation of the order and
enforcement of the | ||
order and the alleged arrearages and
precludes further | ||
contest of that order with respect to any
matter that could | ||
have been asserted. | ||
(4) The amount of any alleged arrearages. | ||
(f) A nonregistering party seeking to contest enforcement
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of a registered administrative support order or a registered | ||
administrative paternity order shall request
a hearing within | ||
30 days after the date of service
of notice of the | ||
registration. The nonregistering party may
seek to vacate the | ||
registration, to assert any defense to an
allegation of | ||
noncompliance with the registered administrative
support order | ||
or the registered administrative paternity order , or to contest | ||
the remedies being sought or the
amount of any alleged | ||
arrearages. | ||
(g) If the nonregistering party fails to contest the
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enforcement of the registered administrative
support order or | ||
the registered administrative paternity order in a timely | ||
manner, the order shall be confirmed
by operation of law. |
(h) If a nonregistering party requests a hearing to contest
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the enforcement of the registered administrative
support order | ||
or the registered administrative paternity order , the circuit | ||
court shall schedule the matter for
hearing and give notice to | ||
the parties and the Illinois
Department of the date, time, and | ||
place of the hearing. | ||
(i) A party contesting the enforcement of a registered | ||
administrative support order or a registered administrative | ||
paternity order or seeking to vacate
the registration has the | ||
burden of proving one or more of the
following defenses: | ||
(1) The Illinois Department lacked personal
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jurisdiction over the contesting party. | ||
(2) The administrative support order or the
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administrative paternity order was obtained by
fraud. | ||
(3) The administrative support order or the
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administrative paternity order has been vacated,
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suspended, or modified by a later order. | ||
(4) The Illinois Department has stayed the
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administrative support order or the administrative | ||
paternity order pending appeal. | ||
(5) There is a defense under the law to the remedy | ||
sought. | ||
(6) Full or partial payment has been made. | ||
(j) If a party presents evidence establishing a full or
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partial payment defense under subsection (i), the court may
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stay enforcement of the registered order, continue the
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proceeding to permit production of additional relevant
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evidence, and issue other appropriate orders. An uncontested
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portion of the registered administrative support order or the | ||
registered administrative paternity order may be
enforced by | ||
all remedies available under State law. | ||
(k) If a contesting party does not establish a defense
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under subsection (i) to the enforcement of the
administrative | ||
support order or the administrative paternity order , the court | ||
shall issue an order
confirming the administrative support | ||
order or the administrative paternity order . Confirmation of
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the registered administrative support order or the registered | ||
administrative paternity order , whether by operation of law or | ||
after notice and hearing, precludes further
contest of the | ||
order with respect to any matter that could have
been asserted | ||
at the time of registration. Upon confirmation,
the registered | ||
administrative support order or the registered administrative | ||
paternity order shall be treated in
the same manner as a | ||
support order or a paternity order entered by the circuit | ||
court,
including the ability of the court to entertain a | ||
petition to
modify the administrative support order due to a | ||
substantial
change in circumstances or a petition to modify the | ||
administrative paternity order due to clear and convincing | ||
evidence regarding paternity , or petitions for visitation or | ||
custody
of the child or children covered by the administrative | ||
support
order or the administrative paternity order . Nothing in | ||
this Section shall be construed to alter the
effect of a final |
administrative support order or a final administrative | ||
paternity order , or the restriction
of judicial review of such | ||
a final order to the provisions of the
Administrative Review | ||
Law, as provided in Sections Section 10-11 and 10-17.7 of this | ||
Code.
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(l) Notwithstanding the limitations of relief provided for | ||
under this Section regarding an administrative paternity order | ||
and the administrative relief available from an administrative | ||
paternity order under Sections 10-12 through 10-14.1 of this | ||
Code, a party may petition for relief from a registered final | ||
administrative paternity order entered by consent of the | ||
parties, excluding a voluntary acknowledgement or denial of | ||
paternity as well as an administrative paternity order entered | ||
pursuant to genetic testing. The petition shall be filed | ||
pursuant to Section 2-1401 of the Code of Civil Procedure based | ||
upon a showing of due diligence and a meritorious defense. The | ||
court, after reviewing the evidence regarding this specific | ||
type of administrative paternity order entered by consent of | ||
the parties, shall issue an order regarding the petition. | ||
Nothing in this Section shall be construed to alter the effect | ||
of a final administrative paternity order, or the restriction | ||
of judicial review of such a final order to the provisions of | ||
the Administrative Review Law, as provided in Section 10-17.7 | ||
of this Code. | ||
(Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |