Public Act 098-0563
 
SB1358 EnrolledLRB098 07897 KTG 37982 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
changing Sections 10-15.1 and 10-16.5 as follows:
 
    (305 ILCS 5/10-15.1)
    Sec. 10-15.1. Judicial registration of administrative
support orders.
    (a) A final administrative support order 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
    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 that commenced the procedure for establishment
    of the administrative support order pursuant to Section
    10-4 of this Code.
        (2) A sworn statement by the person requesting
    registration or a certified copy of the Department payment
    record showing the amount of any past due support accrued
    under the administrative support order.
        (3) The name of the obligor and, if known, the
    obligor's address and social security number.
        (4) The name of the obligee and the obligee's address,
    unless the obligee alleges in an affidavit or pleading
    under oath that the health, safety, or liberty of the
    obligee or child would be jeopardized by disclosure of
    specific identifying information, in which case that
    information must be sealed and may not be disclosed to the
    other party or public. After a hearing in which the court
    takes into consideration the health, safety, or liberty of
    the party or child, the court may order disclosure of
    information that the court determines to be in the interest
    of justice.
    (b) The filing of an administrative support order under
subsection (a) constitutes registration with the circuit
court.
    (c) (Blank). A petition or comparable pleading seeking a
remedy that must be affirmatively sought under other law of
this State may be filed at the same time as the request for
registration or later. The pleading must specify the grounds
for the remedy sought.
    (c-5) Every notice of registration must be accompanied by a
copy of the registered administrative support order and the
documents and relevant information accompanying the order
pursuant to subsection (a).
    (d) (Blank). When an administrative support order is
registered, the clerk of the circuit court shall notify the
nonregistering party and the Illinois Department, unless the
Department is requesting registration of its order. The notice,
which shall be served on the nonregistering party by any method
provided by law for service of a summons, must be accompanied
by a copy of the registered administrative support order and
the documents and relevant information accompanying the order.
    (d-5) The registering party shall serve notice of the
registration on the other party by first class mail, unless the
administrative support 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 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
order must provide the following information:
        (1) That a registered administrative order is
    enforceable in the same manner as an order for support
    issued by the circuit court.
        (2) That a hearing to contest enforcement of the
    registered administrative support 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
    enforcement of the registered administrative support 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
of a registered administrative support 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 to contest the remedies being sought or the amount of
any alleged arrearages.
    (g) If the nonregistering party fails to contest the
enforcement of the registered administrative support order in a
timely manner, the order shall be confirmed by operation of
law.
    (h) If a nonregistering party requests a hearing to contest
the enforcement of the registered administrative support
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 seeking to vacate the
registration has the burden of proving one or more of the
following defenses:
        (1) The Illinois Department lacked personal
    jurisdiction over the contesting party.
        (2) The administrative support order was obtained by
    fraud.
        (3) The administrative support order has been vacated,
    suspended, or modified by a later order.
        (4) The Illinois Department has stayed the
    administrative support 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
partial payment defense under subsection (i), the court may
stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant
evidence, and issue other appropriate orders. An uncontested
portion of the registered administrative support order may be
enforced by all remedies available under State law.
    (k) If a contesting party does not establish a defense
under subsection (i) to the enforcement of the administrative
support order, the court shall issue an order confirming the
administrative support order. Confirmation of the registered
administrative support order, whether by operation of law or
after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted
at the time of registration. Upon confirmation, the registered
administrative support order shall be treated in the same
manner as a support 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 petitions for visitation or custody
of the child or children covered by the administrative support
order. Nothing in this Section shall be construed to alter the
effect of a final administrative support order, or the
restriction of judicial review of such a final order to the
provisions of the Administrative Review Law, as provided in
Section 10-11 of this Code.
(Source: P.A. 97-926, eff. 8-10-12.)
 
    (305 ILCS 5/10-16.5)
    Sec. 10-16.5. Interest on support obligations. A support
obligation, or any portion of a support obligation, which
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. An order for support entered or modified on or after
January 1, 2006 shall contain a statement that a support
obligation required under the order, or any portion of a
support obligation required under the order, that becomes due
and remains unpaid as of the end of each month, excluding the
child support that was due for that month to the extent that it
was not paid in that month, shall accrue simple interest as set
forth in Section 12-109 of the Code of Civil Procedure. Failure
to include the statement in the order for support does not
affect the validity of the order or the accrual of interest as
provided in this Section.
    In cases in which IV-D services are being provided, the
Department shall provide, by rule, for a one-time notice to
obligees advising the obligee that he or she must notify the
Department within 60 days of the notice that he or she wishes
to have the Department compute any interest that accrued on a
specific docket in his or her case between May 1, 1987 and
December 31, 2005. If the obligee fails to notify the
Department within the 60-day period: (i) the Department shall
have no further duty to enforce and collect interest accrued on
support obligations established under this Code or under any
other law that are owed to the obligee prior to January 1,
2006; and (ii) any interest due on that docket prior to 2006
may be pursued by the obligee through a court action, but not
through the Department's IV-D agency.
(Source: P.A. 94-90, eff. 1-1-06.)
 
    Section 10. The Code of Civil Procedure is amended by
changing Section 12-109 as follows:
 
    (735 ILCS 5/12-109)  (from Ch. 110, par. 12-109)
    Sec. 12-109. Interest on judgments.
    (a) Every judgment except those arising by operation of law
from child support orders shall bear interest thereon as
provided in Section 2-1303.
    (b) Every judgment arising by operation of law from a child
support order shall bear interest as provided in this
subsection. The interest on judgments arising by operation of
law from child support orders shall be calculated by applying
one-twelfth of the current statutory interest rate as provided
in Section 2-1303 to the unpaid child support balance as of the
end of each calendar month. The unpaid child support balance at
the end of the month is the total amount of child support
ordered, excluding the child support that was due for that
month to the extent that it was not paid in that month and
including judgments for retroactive child support, less all
payments received and applied as set forth in this subsection.
The accrued interest shall not be included in the unpaid child
support balance when calculating interest at the end of the
month. The unpaid child support balance as of the end of each
month shall be determined by calculating the current monthly
child support obligation and applying all payments received for
that month, except federal income tax refund intercepts, first
to the current monthly child support obligation and then
applying any payments in excess of the current monthly child
support obligation to the unpaid child support balance owed
from previous months. The current monthly child support
obligation shall be determined from the document that
established the support obligation. Federal income tax refund
intercepts and any payments in excess of the current monthly
child support obligation shall be applied to the unpaid child
support balance. Any payments in excess of the current monthly
child support obligation and the unpaid child support balance
shall be applied to the accrued interest on the unpaid child
support balance. Interest on child support obligations may be
collected by any means available under State law for the
collection of child support judgments federal and State laws,
rules, and regulations providing for the collection of child
support.
(Source: P.A. 94-90, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.