Public Act 90-0240 of the 90th General Assembly
Public Act 90-0240
HB1705 Enrolled LRB9000438WHmgA
AN ACT to amend the Uniform Interstate Family Support Act
by changing and adding various provisions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Uniform Interstate Family Support Act is
amended by changing Sections 101, 102, 203, 205, 206, 207,
208, 301, 303, 304, 305, 306, 307, 316, 401, 501, 502, 605,
606, 609, 610, 611, 612, and 905, changing the captions of
Article 5, Parts A, B, and C of Article 2, and Parts A, B,
and C of Article 6, and adding Sections 503, 504, 505, 506,
507, 613, and 614 as follows:
(750 ILCS 22/101)
Sec. 101. Definitions. In this Act:
"Child" means an individual, whether over or under the
age of 18, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
"Child-support Child support order" means a support order
for a child, including a child who has attained the age of
18.
"Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or
former spouse including an unsatisfied obligation to provide
support.
"Home state" means the state in which a child lived with
a parent or a person acting as parent for at least 6
consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support, and if a
child is less than 6 months old, the state in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the 6-month or
other period.
"Income" includes earnings or other periodic entitlements
to money from any source and any other property subject to
withholding for support under the law of this State.
"Income-withholding order" means an order or other legal
process directed to an obligor's employer or other debtor, as
defined by the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Illinois
Public Aid Code, and the Illinois Parentage Act of 1984, to
withhold support from the income of the obligor.
"Initiating state" means a state from in which a
proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this Act or a law or
procedure substantially similar to this Act, is filed for
forwarding to a responding state.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal
issues a support order or renders a judgment determining
parentage.
"Issuing tribunal" means the tribunal that issues a
support order or renders a judgment determining parentage.
"Obligee" means:
(i) an individual to whom a duty of support is or
is alleged to be owed or in whose favor a support order
has been issued or a judgment determining parentage has
been rendered;
(ii) a state or political subdivision to which the
rights under a duty of support or support order have been
assigned or which has independent claims based on
financial assistance provided to an individual obligee;
or
(iii) an individual seeking a judgment determining
parentage of the individual's child.
"Obligor" means an individual, or the estate of a
decedent: (i) who owes or is alleged to owe a duty of
support; (ii) who is alleged but has not been adjudicated to
be a parent of a child; or (iii) who is liable under a
support order.
"Register" means to record a support order or judgment
determining parentage in the appropriate Registry of Foreign
Support Orders.
"Registering tribunal" means a tribunal in which a
support order is registered.
"Responding state" means a state in to which a proceeding
is filed or to which a proceeding is forwarded for filing
from an initiating state under this Act or a law or procedure
substantially similar to this Act.
"Responding tribunal" means the authorized tribunal in a
responding state.
"Spousal-support order" means a support order for a
spouse or former spouse of the obligor.
"State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States. The term
"state" includes:
(i) an Indian tribe; and includes
(ii) a foreign jurisdiction that has enacted a law
or established procedures for issuance and enforcement of
support orders which are substantially similar to the
procedures under this Act, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act.
"Support enforcement agency" means a public official or
agency authorized to seek:
(1) enforcement of support orders or laws relating to
the duty of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) to locate obligors or their assets.
"Support order" means a judgment, decree, or order,
whether temporary, final, or subject to modification, for the
benefit of a child, a spouse, or a former spouse, which
provides for monetary support, health care, arrearages, or
reimbursement, and may include related costs and fees,
interest, income withholding, attorney's fees, and other
relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/102)
Sec. 102. Tribunal Tribunals of this State. The circuit
court is a tribunal of this State. The Illinois Department of
Public Aid is an initiating tribunal. The Illinois
Department of Public Aid is also a responding tribunal of
this State to the extent that it can administratively
establish paternity and establish, modify, and enforce an
administrative child-support child support order under
authority of Article X of the Illinois Public Aid Code.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691; 88-691, eff. 1-24-95.)
(750 ILCS 22/Article 2, Part A caption)
PART 1. A. EXTENDED PERSONAL JURISDICTION
(750 ILCS 22/Article 2, Part B caption)
PART 2. B. PROCEEDINGS INVOLVING TWO OR MORE STATES
(750 ILCS 22/203)
Sec. 203. Initiating and responding tribunal of this
State. Under this Act, a tribunal of this State may serve as
an initiating tribunal to forward proceedings to another
state and as a responding tribunal for proceedings initiated
in another state.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/205)
Sec. 205. Continuing, exclusive jurisdiction.
(a) A tribunal of this State issuing a support order
consistent with the law of this State has continuing,
exclusive jurisdiction over a child-support child support
order:
(1) as long as this State remains the residence of
the obligor, the individual obligee, or the child for
whose benefit the support order is issued; or
(2) until all of the parties who are individuals
have each individual party has filed written consents
consent with the tribunal of this State for a tribunal of
another state to modify the order and assume continuing,
exclusive jurisdiction.
(b) A tribunal of this State issuing a child-support
child support order consistent with the law of this State may
not exercise its continuing jurisdiction to modify the order
if the order has been modified by a tribunal of another state
pursuant to a law substantially similar to this Act.
(c) If a child-support child support order of this State
is modified by a tribunal of another state pursuant to a law
substantially similar to this Act, a tribunal of this State
loses its continuing, exclusive jurisdiction with regard to
prospective enforcement of the order issued in this State,
and may only:
(1) enforce the order that was modified as to
amounts accruing before the modification;
(2) enforce nonmodifiable aspects of that order;
and
(3) provide other appropriate relief for violations
of that order which occurred before the effective date of
the modification.
(d) A tribunal of this State shall recognize the
continuing, exclusive jurisdiction of a tribunal of another
state which has issued a child-support child support order
pursuant to a law substantially similar to this Act.
(e) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create
continuing, exclusive jurisdiction in the issuing tribunal.
(f) A tribunal of this State issuing a support order
consistent with the law of this State has continuing,
exclusive jurisdiction over a spousal-support spousal support
order throughout the existence of the support obligation. A
tribunal of this State may not modify a spousal-support
spousal support order issued by a tribunal of another state
having continuing, exclusive jurisdiction over that order
under the law of that state.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/206)
Sec. 206. Enforcement and modification of support order
by tribunal having continuing jurisdiction.
(a) A tribunal of this State may serve as an initiating
tribunal to request a tribunal of another state to enforce or
modify a support order issued in that state.
(b) A tribunal of this State having continuing,
exclusive jurisdiction over a support order may act as a
responding tribunal to enforce or modify the order. If a
party subject to the continuing, exclusive jurisdiction of
the tribunal no longer resides in the issuing state, in
subsequent proceedings the tribunal may apply Section 316
(Special Rules of Evidence and Procedure) to receive evidence
from another state and Section 318 (Assistance with
Discovery) to obtain discovery through a tribunal of another
state.
(c) A tribunal of this State which lacks continuing,
exclusive jurisdiction over a spousal-support spousal support
order may not serve as a responding tribunal to modify a
spousal-support spousal support order of another state.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/Article 2, Part C caption)
PART 3. C. RECONCILIATION
OF MULTIPLE
WITH ORDERS OF OTHER STATES
(750 ILCS 22/207)
Sec. 207. Recognition of controlling child-support order
child support-orders.
(a) If a proceeding is brought under this Act, and one
or more child support orders have been issued in this or
another state with regard to an obligor and a child, a
tribunal of this State shall apply the following rules in
determining which order to recognize for purposes of
continuing, exclusive jurisdiction: (1) If a proceeding is
brought under this Act and only one tribunal has issued a
child-support child support order, the order of that tribunal
controls and must be so recognized.
(b) If a proceeding is brought under this Act, and two
or more child-support orders have been issued by tribunals of
this State or another state with regard to the same obligor
and child, a tribunal of this State shall apply the following
rules in determining which order to recognize for purposes of
continuing, exclusive jurisdiction:
(1) (2) If two or more tribunals have issued child
support orders for the same obligor and child, and only
one of the tribunals would have continuing, exclusive
jurisdiction under this Act, the order of that tribunal
controls and must be so recognized.
(2) (3) If two or more tribunals have issued child
support orders for the same obligor and child, and more
than one of the tribunals would have continuing,
exclusive jurisdiction under this Act, an order issued by
a tribunal in the current home state of the child
controls and must be so recognized, but if an order has
not been issued in the current home state of the child,
the order most recently issued controls and must be so
recognized.
(3) (4) If two or more tribunals have issued child
support orders for the same obligor and child, and none
of the tribunals would have continuing, exclusive
jurisdiction under this Act, the tribunal of this State
having jurisdiction over the parties shall may issue a
child-support child support order, which controls and
must be so recognized.
(c) If two or more child-support orders have been issued
for the same obligor and child and if the obligor or the
individual obligee resides in this State, a party may request
a tribunal of this State to determine which order controls
and must be so recognized under subsection (b). The request
must be accompanied by a certified copy of every support
order in effect. The requesting party shall give notice of
the request to each party whose rights may be affected by the
determination.
(d) (b) The tribunal that has issued the controlling an
order recognized under subsection (a), (b), or (c) is the
tribunal that has having continuing, exclusive jurisdiction
under Section 205.
(e) A tribunal of this State which determines by order
the identity of the controlling order under subsection (b)(1)
or (2) or which issues a new controlling order under
subsection (b)(3) shall state in that order the basis upon
which the tribunal made its determination.
(f) Within 30 days after issuance of an order determining
the identity of the controlling order, the party obtaining
the order shall file a certified copy of it with each
tribunal that issued or registered an earlier order of child
support. A party who obtains the order and fails to file a
certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The
failure to file does not affect the validity or
enforceability of the controlling order.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/208)
Sec. 208. Multiple child-support child support orders
for two or more obligees. In responding to multiple
registrations or petitions for enforcement of two or more
child support orders in effect at the same time with regard
to the same obligor and different individual obligees, at
least one of which was issued by a tribunal of another state,
a tribunal of this State shall enforce those orders in the
same manner as if the multiple orders had been issued by a
tribunal of this State.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/301)
Sec. 301. Proceedings under this Act.
(a) Except as otherwise provided in this Act, this
Article applies to all proceedings under this Act.
(b) This Act provides for the following proceedings:
(1) establishment of an order for spousal support
or child support pursuant to Article 4;
(2) enforcement of a support order and
income-withholding order of another state without
registration pursuant to Article 5;
(3) registration of an order for spousal support or
child support of another state for enforcement pursuant
to Article 6;
(4) modification of an order for child support or
spousal support issued by a tribunal of this State
pursuant to Article 2, Part 2 B;
(5) registration of an order for child support of
another state for modification pursuant to Article 6;
(6) determination of parentage pursuant to Article
7; and
(7) assertion of jurisdiction over nonresidents
pursuant to Article 2, Part 1 A.
(c) An individual obligee or a support enforcement
agency may commence a proceeding authorized under this Act by
filing a petition in an initiating tribunal for forwarding to
a responding tribunal or by filing a petition or a comparable
pleading directly in a tribunal of another state which has or
can obtain personal jurisdiction over the obligor.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/303)
Sec. 303. Application of law of this State. Except as
otherwise provided by this Act, a responding tribunal of this
State:
(1) shall apply the procedural and substantive law,
including the rules on choice of law, generally applicable to
similar proceedings originating in this State and may
exercise all powers and provide all remedies available in
those proceedings; and
(2) shall determine the duty of support and the amount
payable in accordance with the law and support guidelines of
this State.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/304)
Sec. 304. Duties of initiating tribunal.
(a) Upon the filing of a petition authorized by this
Act, an initiating tribunal of this State shall forward three
copies of the petition and its accompanying documents:
(1) to the responding tribunal or appropriate
support enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is
unknown, to the state information agency of the
responding state with a request that they be forwarded to
the appropriate tribunal and that receipt be
acknowledged.
(b) If a responding state has not enacted this Act or a
law or procedure substantially similar to this Act, a
tribunal of this State may issue a certificate or other
document and make findings required by the law of the
responding state. If the responding state is a foreign
jurisdiction, the tribunal may specify the amount of support
sought and provide other documents necessary to satisfy the
requirements of the responding state.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/305)
Sec. 305. Duties and powers of responding Tribunal.
(a) When a responding tribunal of this State receives a
petition or comparable pleading from an initiating tribunal
or directly pursuant to Section 301(c), it shall cause the
petition or pleading to be filed and notify the obligee by
first class mail where and when it was filed.
(b) A responding tribunal of this State, to the extent
otherwise authorized by law, may do one or more of the
following:
(1) issue or enforce a support order, modify a
child-support child support order, or render a judgment
to determine parentage;
(2) order an obligor to comply with a support
order, specifying the amount and the manner of
compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and
specify a method of payment;
(5) enforce orders by civil or criminal contempt,
or both;
(6) set aside property for satisfaction of the
support order;
(7) place liens and order execution on the
obligor's property;
(8) order an obligor to keep the tribunal informed
of the obligor's current residential address, telephone
number, employer, address of employment, and telephone
number at the place of employment;
(9) issue a bench warrant for an obligor who has
failed after proper notice to appear at a hearing ordered
by the tribunal and enter the bench warrant in any local
and state computer systems for criminal warrants;
(10) order the obligor to seek appropriate
employment by specified methods;
(11) award reasonable attorney's fees and other
fees and costs; and
(12) grant any other available remedy.
(c) A responding tribunal of this State shall include in
a support order issued under this Act, or in the documents
accompanying the order, the calculations on which the support
order is based.
(d) A responding tribunal of this State may not
condition the payment of a support order issued under this
Act upon compliance by a party with provisions for
visitation.
(e) If a responding tribunal of this State issues an
order under this Act, the tribunal shall send a copy of the
order by first class mail to the obligee and the obligor and
to the initiating tribunal, if any.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/306)
Sec. 306. Inappropriate tribunal. If a petition or
comparable pleading is received by an inappropriate tribunal
of this State, it shall forward the pleading and accompanying
documents to an appropriate tribunal in this State or another
state and notify the obligee by first class mail where and
when the pleading was sent.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/307)
Sec. 307. Duties of support enforcement agency.
(a) A support enforcement agency of this State, upon
request, shall provide services to a petitioner in a
proceeding under this Act. This subsection does not affect
any ability the support enforcement agency may have to
require an application for services, charge fees, or recover
costs in accordance with federal or State law and
regulations.
(b) A support enforcement agency that is providing
services to the petitioner as appropriate shall:
(1) take all steps necessary to enable an
appropriate tribunal in this State or another state to
obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date,
time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant
information, including information as to income and
property of the parties;
(4) within 10 days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of a written
notice from an initiating, responding, or registering
tribunal, send a copy of the notice by first class mail
to the petitioner;
(5) within 10 days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of a written
communication from the respondent or the respondent's
attorney, send a copy of the communication by first class
mail to the petitioner; and
(6) notify the petitioner if jurisdiction over the
respondent cannot be obtained.
(c) This Act does not create or negate a relationship of
attorney and client or other fiduciary relationship between a
support enforcement agency or the attorney for the agency and
the individual being assisted by the agency.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691; 88-691, eff. 1-24-95.)
(750 ILCS 22/316)
Sec. 316. Special rules of evidence and procedure.
(a) The physical presence of the petitioner in a
responding tribunal of this State is not required for the
establishment, enforcement, or modification of a support
order or the rendition of a judgment determining parentage.
(b) A verified petition, affidavit, document
substantially complying with federally mandated forms, and a
document incorporated by reference in any of them, not
excluded under the hearsay rule if given in person, is
admissible in evidence if given under oath by a party or
witness residing in another state.
(c) A copy of the record of child-support child support
payments certified as a true copy of the original by the
custodian of the record may be forwarded to a responding
tribunal. The copy is evidence of facts asserted in it, and
is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for
prenatal and postnatal health care of the mother and child,
furnished to the adverse party at least 10 days before trial,
are admissible in evidence to prove the amount of the charges
billed and that the charges were reasonable, necessary, and
customary.
(e) Documentary evidence transmitted from another state
to a tribunal of this State by telephone, telecopier, or
other means that do not provide an original writing may not
be excluded from evidence on an objection based on the means
of transmission.
(f) In a proceeding under this Act, a tribunal of this
State may permit a party or witness residing in another state
to be deposed or to testify by telephone, audiovisual means,
or other electronic means at a designated tribunal or other
location in that state. A tribunal of this State shall
cooperate with tribunals of other states in designating an
appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing
refuses to answer on the ground that the testimony may be
self-incriminating, the trier of fact may draw an adverse
inference from the refusal.
(h) A privilege against disclosure of communications
between spouses does not apply in a proceeding under this
Act.
(i) The defense of immunity based on the relationship of
husband and wife or parent and child does not apply in a
proceeding under this Act.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691; 88-691, eff. 1-24-95.)
(750 ILCS 22/401)
Sec. 401. Petition to establish support order.
(a) If a support order entitled to recognition under
this Act has not been issued, a responding tribunal of this
State may issue a support order if:
(1) the individual seeking the order resides in
another state; or
(2) the support enforcement agency seeking the
order is located in another state.
(b) The tribunal may issue a temporary child-support
child support order if:
(1) the respondent has signed a verified statement
acknowledging parentage;
(2) the respondent has been determined by or
pursuant to law to be the parent; or
(3) there is other clear and convincing evidence
that the respondent is the child's parent.
(c) Upon finding, after notice and opportunity to be
heard, that a respondent owes a duty of support, the tribunal
shall issue a support order directed to the respondent and
may issue other orders pursuant to Section 305.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691; 88-691, eff. 1-24-95.)
(750 ILCS 22/Article 5 caption)
ARTICLE 5. DIRECT ENFORCEMENT OF ORDER
OF ANOTHER STATE WITHOUT REGISTRATION
(750 ILCS 22/501)
Sec. 501. Employer's receipt Recognition of
income-withholding order of another state.
(a) An income-withholding order issued in another state
may be sent by first class mail to the person or entity
defined as the obligor's employer without first filing a
petition or comparable pleading or registering the order with
a tribunal of this State. Upon receipt of the order, the
employer shall:
(1) treat an income-withholding order issued in
another state which appears regular on its face as if it
had been issued by a tribunal of this State;
(2) immediately provide a copy of the order to the
obligor; and
(3) distribute the funds as directed in the
withholding order.
(b) An obligor may contest the validity or enforcement
of an income-withholding order issued in another state in the
same manner as if the order had been issued by a tribunal of
this State. Section 604 applies to the contest. The obligor
shall give notice of the contest to any support enforcement
agency providing services to the obligee and to:
(1) the person or agency designated to receive
payments in the income-withholding order; or
(2) if no person or agency is designated, the
obligee.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/502)
Sec. 502. Employer's compliance with income-withholding
order of another state.
(a) Upon receipt of an income-withholding order, the
obligor's employer shall immediately provide a copy of the
order to the obligor.
(b) The employer shall treat an income-withholding order
issued in another state which appears regular on its face as
if it had been issued by a tribunal of this State.
(c) Except as otherwise provided in subsection (d) and
Section 503 the employer shall withhold and distribute the
funds as directed in the withholding order by complying with
terms of the order which specify:
(1) the duration and amount of periodic payments of
current child-support, stated as a sum certain;
(2) the person or agency designated to receive
payments and the address to which the payments are to be
forwarded;
(3) medical support, whether in the form of
periodic cash payment, stated as a sum certain, or
ordering the obligor to provide health insurance coverage
for the child under a policy available through the
obligor's employment;
(4) the amount of periodic payments of fees and
costs for a support enforcement agency, the issuing
tribunal, and the obligee's attorney, stated as sums
certain; and
(5) the amount of periodic payments of arrearages
and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state
of the obligor's principal place of employment for
withholding from income with respect to:
(1) the employer's fee for processing an
income-withholding order;
(2) the maximum amount permitted to be withheld
from the obligor's income; and
(3) the times within which the employer must
implement the withholding order and forward the child
support payment.
Administrative enforcement of orders.
(a) A party seeking to enforce a support order or an
income-withholding order, or both, issued by a tribunal of
another state may send the documents required for registering
the order to a support enforcement agency of this State.
(b) Upon receipt of the documents, the support
enforcement agency, without initially seeking to register the
order, shall consider and, if appropriate, use any
administrative procedure authorized by the law of this State
to enforce a support order or an income-withholding order, or
both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the
obligor contests the validity or administrative enforcement
of the order, the support enforcement agency shall register
the order pursuant to this Act.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/503 new)
Sec. 503. Compliance with multiple income-withholding
orders. If an obligor's employer receives multiple
income-withholding orders with respect to the earnings of the
same obligor, the employer satisfies the terms of the
multiple orders if the employer complies with the law of the
state of the obligor's principal place of employment to
establish the priorities for withholding and allocating
income withheld for multiple child support obligees.
(750 ILCS 22/504 new)
Sec. 504. Immunity from civil liability. An employer who
complies with an income-withholding order issued in another
state in accordance with this Article is not subject to civil
liability to an individual or agency with regard to the
employer's withholding of child support from the obligor's
income.
(750 ILCS 22/505 new)
Sec. 505. Penalties for noncompliance. An employer who
willfully fails to comply with an income-withholding order
issued by another state and received for enforcement is
subject to the same penalties that may be imposed for
noncompliance with an order issued by a tribunal of this
State.
(750 ILCS 22/506 new)
Sec. 506. Contest by obligor.
(a) An obligor may contest the validity or enforcement
of an income-withholding order issued in another state and
received directly by an employer in this State in the same
manner as if the order had been issued by a tribunal of this
State. Section 604 applies to the contest.
(b) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services
to the obligee;
(2) each employer that has directly received an
income-withholding order; and
(3) the person or agency designated to receive
payments in the income-withholding order or if no person
or agency is designated, to the obligee.
(750 ILCS 22/507 new)
Sec. 507. Administrative enforcement of orders.
(a) A party seeking to enforce a support order or an
income-withholding order, or both, issued by a tribunal of
another state may send the documents required for registering
the order to a support enforcement agency of this State.
(b) Upon receipt of the documents, the support
enforcement agency, without initially seeking to register the
order, shall consider and, if appropriate, use any
administrative procedure authorized by the law of this State
to enforce a support order or an income-withholding order, or
both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the
obligor contests the validity or administrative enforcement
of the order, the support enforcement agency shall register
the order pursuant to this Act.
(750 ILCS 22/Article 6, Part A caption )
PART 1. A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
(750 ILCS 22/Article 6, Part B caption)
PART 2. B. CONTEST OF VALIDITY OR ENFORCEMENT
(750 ILCS 22/605)
Sec. 605. Notice of registration of order.
(a) When a support order or income-withholding order
issued in another state is registered, the registering
tribunal shall notify the nonregistering party. Notice must
be given by first class, certified, or registered mail or by
any means of personal service authorized by the law of this
State. The notice must be accompanied by a copy of the
registered order and the documents and relevant information
accompanying the order.
(b) The notice must inform the nonregistering party:
(1) that a registered order is enforceable as of
the date of registration in the same manner as an order
issued by a tribunal of this State;
(2) that a hearing to contest the validity or
enforcement of the registered order must be requested
within 20 days after the date of mailing or personal
service of the notice;
(3) that failure to contest the validity or
enforcement of the registered order in a timely manner
will 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; and
(4) of the amount of any alleged arrearages.
(c) Upon registration of an income-withholding order for
enforcement, the registering tribunal shall notify the
obligor's employer pursuant to Section 10-16.2 of the
Illinois Public Aid Code, Section 706.1 of the Illinois
Marriage and Dissolution of Marriage Act, Section 4.1 of the
Non-Support of Spouse and Children Act, and Section 20 of the
Illinois Parentage Act of 1989.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/606)
Sec. 606. Procedure to contest validity or enforcement
of registered order.
(a) A nonregistering party seeking to contest the
validity or enforcement of a registered order in this State
shall request a hearing within 20 days after the date of
mailing or personal 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 order, or to contest the remedies being
sought or the amount of any alleged arrearages pursuant to
Section 607.
(b) If the nonregistering party fails to contest the
validity or enforcement of the registered order in a timely
manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to
contest the validity or enforcement of the registered order,
the registering tribunal shall schedule the matter for
hearing and give notice to the parties by first class mail of
the date, time, and place of the hearing.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/Article 6, Part C caption)
PART 3. C. REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
(750 ILCS 22/609)
Sec. 609. Procedure to register child-support child
support order of another state for modification. A party or
support enforcement agency seeking to modify, or to modify
and enforce, a child-support child support order issued in
another state shall register that order in this State in the
same manner provided in Part 1 A of this Article if the order
has not been registered. A petition for modification may be
filed at the same time as a request for registration, or
later. The pleading must specify the grounds for
modification.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/610)
Sec. 610. Effect of registration for modification. A
tribunal of this State may enforce a child-support child
support order of another state registered for purposes of
modification, in the same manner as if the order had been
issued by a tribunal of this State, but the registered order
may be modified only if the requirements of Section 611 have
been met.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/611)
Sec. 611. Modification of Child-Support Child Support
Order of Another State.
(a) After a child-support child support order issued in
another state has been registered in this State, the
responding tribunal of this State may modify that order only
if Section 613 does not apply and, after notice and hearing,
it finds that:
(1) the following requirements are met:
(i) the child, the individual petitioner, and
the respondent do not reside in the issuing state;
(ii) a petitioner who is a nonresident of this
State seeks modification; and
(iii) the respondent is subject to the
personal jurisdiction of the tribunal of this State;
or
(2) an individual party or the child, or a party
who is an individual, is subject to the personal
jurisdiction of the tribunal of this State and all of the
individual parties who are individuals have filed a
written consents consent in the issuing tribunal for
providing that a tribunal of this State to may modify the
support order and assume continuing, exclusive
jurisdiction over the order. However, if the issuing
state is a foreign jurisdiction that has not enacted a
law or established procedures substantially similar to
the procedures under this Act, the consent otherwise
required of an individual residing in this State is not
required for the tribunal to assume jurisdiction to
modify the child-support order.
(b) Modification of a registered child-support child
support order is subject to the same requirements,
procedures, and defenses that apply to the modification of
an order issued by a tribunal of this State and the order may
be enforced and satisfied in the same manner.
(c) A tribunal of this State may not modify any aspect
of a child-support child support order that may not be
modified under the law of the issuing state. If two or more
tribunals have issued child-support orders for the same
obligor and child, the order that controls and must be so
recognized under Section 207 establishes the aspects of the
support order which are nonmodifiable.
(d) On issuance of an order modifying a child-support
child support order issued in another state, a tribunal of
this State becomes the tribunal having of continuing,
exclusive jurisdiction.
(e) Within 30 days after issuance of a modified child
support order, the party obtaining the modification shall
file a certified copy of the order with the issuing tribunal
which had continuing, exclusive jurisdiction over the earlier
order, and in each tribunal in which the party knows that
earlier order has been registered.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691; 88-691, eff. 1-24-95.)
(750 ILCS 22/612)
Sec. 612. Recognition of order modified in another
state. A tribunal of this State shall recognize a
modification of its earlier child-support child support order
by a tribunal of another state which assumed jurisdiction
pursuant to a law substantially similar to this Act and, upon
request, except as otherwise provided in this Act, shall:
(1) enforce the order that was modified only as to
amounts accruing before the modification;
(2) enforce only nonmodifiable aspects of that order;
(3) provide other appropriate relief only for violations
of that order which occurred before the effective date of the
modification; and
(4) recognize the modifying order of the other state,
upon registration, for the purpose of enforcement.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/613 new)
Sec. 613. Jurisdiction to modify child-support order of
another state when individual parties reside in this State.
(a) If all of the parties who are individuals reside in
this State and the child does not reside in the issuing
state, a tribunal of this State has jurisdiction to enforce
and to modify the issuing state's child-support order in a
proceeding to register that order.
(b) A tribunal of this State exercising jurisdiction
under this Section shall apply the provisions of Articles 1
and 2, this Article, and the procedural and substantive law
of this State to the proceeding for enforcement or
modification. Articles 3, 4, 5, 7, and 8 do not apply.
(750 ILCS 22/614 new)
Sec. 614. Notice to issuing tribunal of modification.
Within 30 days after issuance of a modified child-support
order, the party obtaining the modification shall file a
certified copy of the order with the issuing tribunal that
had continuing, exclusive jurisdiction over the earlier
order, and in each tribunal in which the party knows the
earlier order has been registered. A party who obtains the
order and fails to file a certified copy is subject to
appropriate sanctions by a tribunal in which the issue of
failure to file arises. The failure to file does not affect
the validity or enforceability of the modified order of the
new tribunal having continuing, exclusive jurisdiction.
(750 ILCS 22/905)
Sec. 905. Repeal. The Revised Uniform Reciprocal
Enforcement of Support Act is repealed on the effective date
of this amendatory Act of 1997. An action that was
commenced under the Revised Uniform Reciprocal Enforcement of
Support Act and is pending on the effective date of this
amendatory Act of 1997 shall be decided in accordance with
that Act as it existed immediately before its repeal by this
amendatory Act of 1997. (Blank).
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
Section 99. This Act takes effect upon becoming law.
INDEX
Statutes amended in order of appearance
750 ILCS 22/101
750 ILCS 22/102
750 ILCS 22/Article 2, Part A caption
750 ILCS 22/Article 2, Part B caption
750 ILCS 22/203
750 ILCS 22/205
750 ILCS 22/206
750 ILCS 22/Article 2, Part C caption
750 ILCS 22/207
750 ILCS 22/208
750 ILCS 22/301
750 ILCS 22/303
750 ILCS 22/304
750 ILCS 22/305
750 ILCS 22/306
750 ILCS 22/307
750 ILCS 22/316
750 ILCS 22/401
750 ILCS 22/Article 5 caption
750 ILCS 22/501
750 ILCS 22/502
750 ILCS 22/503 new
750 ILCS 22/504 new
750 ILCS 22/505 new
750 ILCS 22/506 new
750 ILCS 22/507 new
750 ILCS 22/Article 6, Part A caption
750 ILCS 22/Article 6, Part B caption
750 ILCS 22/605
750 ILCS 22/606
750 ILCS 22/609
750 ILCS 22/Article 6, Part C caption
750 ILCS 22/610
750 ILCS 22/611
750 ILCS 22/612
750 ILCS 22/613 new
750 ILCS 22/614 new
750 ILCS 22/905