Illinois General Assembly - Full Text of HB4447
Illinois General Assembly

Previous General Assemblies

Full Text of HB4447  99th General Assembly

HB4447enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB4447 EnrolledLRB099 16017 HEP 40831 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Parentage Act of 2015 is amended by
5changing Sections 103, 201, 204, 205, 301, 302, 303, 304, 305,
6307, 308, 309, 310, 311, 312, 313, 501, 502, 602, 604, 610,
7611, 622, 802, 803, 805, 808, 809, 903, and 904 as follows:
 
8    (750 ILCS 46/103)
9    Sec. 103. Definitions. In this Act:
10    (a) "Acknowledged father" means a man who has established a
11father-child relationship under Article 3.
12    (b) "Adjudicated father" means a man who has been
13adjudicated by a court of competent jurisdiction, or as
14authorized under Article X of the Illinois Public Aid Code, to
15be the father of a child.
16    (c) "Alleged father" means a man who alleges himself to be,
17or is alleged to be, the biological father or a possible
18biological father of a child, but whose paternity has not been
19established. The term does not include:
20        (1) a presumed parent or acknowledged father; or
21        (2) a man whose parental rights have been terminated or
22    declared not to exist.
23    (d) (Reserved).

 

 

HB4447 Enrolled- 2 -LRB099 16017 HEP 40831 b

1    (e) "Child" means an individual of any age whose parentage
2may be established under this Act.
3    (f) "Combined paternity index" means the likelihood of
4paternity calculated by computing the ratio between:
5        (1) the likelihood that the tested man is the father,
6    based on the genetic markers of the tested man, mother, and
7    child, conditioned on the hypothesis that the tested man is
8    the father of the child; and
9        (2) the likelihood that the tested man is not the
10    father, based on the genetic markers of the tested man,
11    mother, and child, conditioned on the hypothesis that the
12    tested man is not the father of the child and that the
13    father is of the same ethnic or racial group as the tested
14    man.
15    (g) "Commence" means to file the initial pleading seeking
16an adjudication of parentage in the circuit court of this
17State.
18    (h) "Determination of parentage" means the establishment
19of the parent-child relationship by the signing of a voluntary
20acknowledgment under Article 3 of this Act or adjudication by
21the court or as authorized under Article X of the Illinois
22Public Aid Code.
23    (i) (Reserved).
24    (j) "Ethnic or racial group" means, for purposes of genetic
25testing, a recognized group that an individual identifies as
26all or part of the individual's ancestry or that is so

 

 

HB4447 Enrolled- 3 -LRB099 16017 HEP 40831 b

1identified by other information.
2    (k) "Gamete" means either a sperm or an egg.
3    (l) "Genetic testing" means an analysis of genetic markers
4to exclude or identify a man as the father or a woman as the
5mother of a child as provided in Article 4 of this Act.
6    (l-5) "Gestational surrogacy" means the process by which a
7woman attempts to carry and give birth to a child created
8through in vitro fertilization in which the gestational
9surrogate has made no genetic contribution to any resulting
10child.
11    (m) "Gestational surrogate mother" means a an adult woman
12who is not an intended parent and agrees to engage in a
13gestational surrogacy arrangement gives birth to a child
14pursuant to the terms of a valid gestational surrogacy
15arrangement under the Gestational Surrogacy Act contract.
16    (m-5) "Intended parent" means a person who enters into an
17assisted reproductive technology arrangement, including a
18gestational surrogacy arrangement, under which he or she will
19be the legal parent of the resulting child.
20    (n) "Parent" means an individual who has established a
21parent-child relationship under Section 201 of this Act.
22    (o) "Parent-child relationship" means the legal
23relationship between a child and a parent of the child.
24    (p) "Presumed parent" means an individual who, by operation
25of law under Section 204 of this Act, is recognized as the
26parent of a child until that status is rebutted or confirmed in

 

 

HB4447 Enrolled- 4 -LRB099 16017 HEP 40831 b

1a judicial or administrative proceeding.
2    (q) "Probability of paternity" means the measure, for the
3ethnic or racial group to which the alleged father belongs, of
4the probability that the man in question is the father of the
5child, compared with a random, unrelated man of the same ethnic
6or racial group, expressed as a percentage incorporating the
7combined paternity index and a prior probability.
8    (r) "Record" means information that is inscribed on a
9tangible medium or that is stored in an electronic or other
10medium and is retrievable in perceivable form.
11    (s) "Signatory" means an individual who authenticates a
12record and is bound by its terms.
13    (t) "State" means a state of the United States, the
14District of Columbia, Puerto Rico, the United States Virgin
15Islands, or any territory or insular possession subject to the
16jurisdiction of the United States.
17    (u) "Substantially similar legal relationship" means a
18relationship recognized in this State under Section 60 of the
19Illinois Religious Freedom Protection and Civil Union Act.
20    (v) "Support-enforcement agency" means a public official
21or agency authorized to seek:
22        (1) enforcement of support orders or laws relating to
23    the duty of support;
24        (2) establishment or modification of child support;
25        (3) determination of parentage; or
26        (4) location of child-support obligors and their

 

 

HB4447 Enrolled- 5 -LRB099 16017 HEP 40831 b

1    income and assets.
2(Source: P.A. 99-85, eff. 1-1-16.)
 
3    (750 ILCS 46/201)
4    Sec. 201. Establishment of parent-child relationship.
5    (a) The parent-child relationship is established between a
6woman and a child by:
7        (1) the woman having given birth to the child, except
8    as otherwise provided in the Gestational Surrogacy Act a
9    valid gestational surrogacy contract;
10        (2) an adjudication of the woman's parentage;
11        (3) adoption of the child by the woman;
12        (4) a valid gestational surrogacy arrangement that
13    complies with the contract under the Gestational Surrogacy
14    Act or other law; or
15        (5) an unrebutted presumption of the woman's parentage
16    of the child under Section 204 of this Act.
17    (b) The parent-child relationship is established between a
18man and a child by:
19        (1) an unrebutted presumption of the man's parentage of
20    the child under Section 204 of this Act;
21        (2) an effective voluntary acknowledgment of paternity
22    by the man under Article 3 of this Act, unless the
23    acknowledgment has been rescinded or successfully
24    challenged;
25        (3) an adjudication of the man's parentage;

 

 

HB4447 Enrolled- 6 -LRB099 16017 HEP 40831 b

1        (4) adoption of the child by the man; or
2        (5) a valid gestational surrogacy arrangement that
3    complies with the contract under the Gestational Surrogacy
4    Act or other law.
5    (c) Insofar as practicable, the provisions of this Act
6applicable to parent-child relationships shall apply equally
7to men and women as parents, including, but not limited to, the
8obligation to support.
9(Source: P.A. 99-85, eff. 1-1-16.)
 
10    (750 ILCS 46/204)
11    Sec. 204. Presumption of parentage.
12    (a) A person is presumed to be the parent of a child if:
13        (1) the person and the mother of the child have entered
14    into a marriage, civil union, or substantially similar
15    legal relationship, and the child is born to the mother
16    during the marriage, civil union, or substantially similar
17    legal relationship, except as provided in the Gestational
18    Surrogacy Act by a valid gestational surrogacy contract, or
19    other law;
20        (2) the person and the mother of the child were in a
21    marriage, civil union, or substantially similar legal
22    relationship and the child is born to the mother within 300
23    days after the marriage, civil union, or substantially
24    similar legal relationship is terminated by death,
25    declaration of invalidity of marriage, judgment for

 

 

HB4447 Enrolled- 7 -LRB099 16017 HEP 40831 b

1    dissolution of marriage, civil union, or substantially
2    similar legal relationship, or after a judgment for legal
3    separation, except as provided in the Gestational
4    Surrogacy Act by a valid gestational surrogacy contract, or
5    other law;
6        (3) before the birth of the child, the person and the
7    mother of the child entered into a marriage, civil union,
8    or substantially similar legal relationship in apparent
9    compliance with law, even if the attempted marriage, civil
10    union, or substantially similar legal relationship is or
11    could be declared invalid, and the child is born during the
12    invalid marriage, civil union, or substantially similar
13    legal relationship or within 300 days after its termination
14    by death, declaration of invalidity of marriage, judgment
15    for dissolution of marriage, civil union, or substantially
16    similar legal relationship, or after a judgment for legal
17    separation, except as provided in the Gestational
18    Surrogacy Act by a valid gestational surrogacy contract, or
19    other law; or
20        (4) after the child's birth, the person and the child's
21    mother have entered into a marriage, civil union, or
22    substantially similar legal relationship, even if the
23    marriage, civil union, or substantially similar legal
24    relationship is or could be declared invalid, and the
25    person is named, with the person's written consent, as the
26    child's parent on the child's birth certificate.

 

 

HB4447 Enrolled- 8 -LRB099 16017 HEP 40831 b

1    (b) If 2 or more conflicting presumptions arise under this
2Section, the presumption which on the facts is founded on the
3weightier considerations of policy and logic, especially the
4policy of promoting the child's best interests, controls.
5(Source: P.A. 99-85, eff. 1-1-16.)
 
6    (750 ILCS 46/205)
7    Sec. 205. Proceedings to declare the non-existence of the
8parent-child relationship.
9    (a) An action to declare the non-existence of the
10parent-child relationship may be brought by the child, the
11birth mother, or a person presumed to be a parent under Section
12204 of this Act. Actions brought by the child, the birth
13mother, or a presumed parent shall be brought by verified
14complaint, which shall be designated a petition. After a
15presumption under Section 204 of this Act has been rebutted,
16parentage of the child by another man or woman may be
17established in the same action, if he or she has been made a
18party.
19    (b) An action to declare the non-existence of the
20parent-child relationship brought under subsection (a) of this
21Section shall be barred if brought later than 2 years after the
22petitioner knew or should have known of the relevant facts. The
232-year period for bringing an action to declare the
24non-existence of the parent-child relationship shall not
25extend beyond the date on which the child reaches the age of 18

 

 

HB4447 Enrolled- 9 -LRB099 16017 HEP 40831 b

1years. Failure to bring an action within 2 years shall not bar
2any party from asserting a defense in any action to declare the
3existence of the parent-child relationship.
4    (c) An action to declare the non-existence of the
5parent-child relationship may be brought subsequent to an
6adjudication of parentage in any judgment by the man
7adjudicated to be the parent pursuant to a presumption in
8paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
9of deoxyribonucleic acid (DNA) testing, it is discovered that
10the man adjudicated to be the parent is not the father of the
11child. Actions brought by the adjudicated father shall be
12brought by verified petition. If, as a result of the
13deoxyribonucleic acid (DNA) testing that is admissible under
14Section 614 of this Act, the petitioner is determined not to be
15the father of the child, the adjudication of paternity and any
16orders regarding the allocation of parental responsibilities
17custody, parenting time, and future payments of support may be
18vacated.
19    (d) An action to declare the non-existence of the
20parent-child relationship brought under subsection (c) of this
21Section shall be barred if brought more than 2 years after the
22petitioner obtains actual knowledge of relevant facts. The
232-year period shall not apply to periods of time where the
24birth mother or the child refuses to submit to deoxyribonucleic
25acid (DNA) testing. The 2-year period for bringing an action to
26declare the non-existence of the parent-child relationship

 

 

HB4447 Enrolled- 10 -LRB099 16017 HEP 40831 b

1shall not extend beyond the date on which the child reaches the
2age of 18 years.
3(Source: P.A. 99-85, eff. 1-1-16.)
 
4    (750 ILCS 46/301)
5    Sec. 301. Voluntary acknowledgment. A parent-child
6relationship may be established voluntarily by the signing and
7witnessing of a voluntary acknowledgment in accordance with
8Section 12 of the Vital Records Act and Section 10-17.7 of the
9Illinois Public Aid Code. The voluntary acknowledgment shall
10contain the last four digits of the social security numbers or
11tax identification numbers of the persons signing the voluntary
12acknowledgment; however, failure to include the social
13security numbers of the persons signing a voluntary
14acknowledgment does not invalidate the voluntary
15acknowledgment.
16(Source: P.A. 99-85, eff. 1-1-16.)
 
17    (750 ILCS 46/302)
18    Sec. 302. Execution of voluntary acknowledgment.
19    (a) A voluntary acknowledgment described in Section 301 of
20this Act must:
21        (1) be in a record;
22        (2) be signed, or otherwise authenticated, under
23    penalty of perjury by the mother and by the man seeking to
24    establish his parentage;

 

 

HB4447 Enrolled- 11 -LRB099 16017 HEP 40831 b

1        (3) state that the child whose parentage is being
2    acknowledged:
3            (A) does not have a presumed parent, or has a
4        presumed parent whose full name is stated; and
5            (B) does not have another acknowledged or
6        adjudicated parent;
7        (4) be witnessed; and
8        (5) state that the signatories understand that the
9    voluntary acknowledgment is the equivalent of a judicial
10    adjudication of parentage of the child and that: (i) a
11    challenge by a signatory to the voluntary acknowledgment
12    may be permitted only upon a showing of fraud, duress, or
13    material mistake of fact; and (ii) a challenge to the
14    voluntary acknowledgment is barred after 2 years unless
15    that period is tolled pursuant to the law a challenge to
16    the acknowledgment is permitted only under limited
17    circumstances and is barred after 2 years.
18    (b) An acknowledgment is void if it:
19        (1) states that another person is a presumed parent,
20    unless a denial signed or otherwise authenticated by the
21    presumed parent is filed with the Department of Healthcare
22    and Family Services, as provided by law;
23        (2) states that another person is an acknowledged or
24    adjudicated parent; or
25        (3) falsely denies the existence of a presumed,
26    acknowledged, or adjudicated parent of the child.

 

 

HB4447 Enrolled- 12 -LRB099 16017 HEP 40831 b

1    (c) A presumed father may sign or otherwise authenticate a
2voluntary an acknowledgment.
3(Source: P.A. 99-85, eff. 1-1-16.)
 
4    (750 ILCS 46/303)
5    Sec. 303. Denial of parentage. A presumed parent may sign a
6denial of parentage. The denial is valid only if:
7        (a) a voluntary acknowledgment described in Section
8    301 of this Act signed, or otherwise authenticated, by a
9    man is filed pursuant to Section 305 of this Act;
10        (b) the denial is in a record, and is signed, or
11    otherwise authenticated, under penalty of perjury; and
12        (c) the presumed parent has not previously:
13            (1) acknowledged his parentage, unless the
14        previous voluntary acknowledgment has been rescinded
15        under Section 307 of this Act or successfully
16        challenged under Section 308 of this Act; or
17            (2) been adjudicated to be the parent of the child.
18(Source: P.A. 99-85, eff. 1-1-16.)
 
19    (750 ILCS 46/304)
20    Sec. 304. Rules for voluntary acknowledgment and denial of
21parentage.
22    (a) A voluntary An acknowledgment as described in Section
23301 of this Act and a denial of parentage may be contained in a
24single document or may be signed in counterparts, and may be

 

 

HB4447 Enrolled- 13 -LRB099 16017 HEP 40831 b

1filed separately or simultaneously. If the voluntary
2acknowledgment and denial are both necessary, neither is valid
3until both are filed.
4    (b) A voluntary An acknowledgment or a denial may be signed
5before the birth of the child.
6    (c) Subject to subsection (a), an acknowledgment or denial
7takes effect on the birth of the child or the filing of the
8document with the Department of Healthcare and Family Services,
9as provided by law, whichever occurs later.
10    (d) A voluntary An acknowledgment or denial signed by a
11minor is valid if it is otherwise in compliance with this Act.
12(Source: P.A. 99-85, eff. 1-1-16.)
 
13    (750 ILCS 46/305)
14    Sec. 305. Effect of voluntary acknowledgment or denial of
15parentage.
16    (a) Except as otherwise provided in Sections 307 and 308 of
17this Act, a valid voluntary acknowledgment filed with the
18Department of Healthcare and Family Services, as provided by
19law, is equivalent to an adjudication of the parentage of a
20child and confers upon the acknowledged father all of the
21rights and duties of a parent.
22    (b) Notwithstanding any other provision of this Act,
23parentage established in accordance with Section 301 of this
24Act has the full force and effect of a judgment entered under
25this Act and serves as a basis for seeking a child support

 

 

HB4447 Enrolled- 14 -LRB099 16017 HEP 40831 b

1order without any further proceedings to establish parentage.
2    (c) Except as otherwise provided in Sections 307 and 308 of
3this Act, a valid denial by a presumed parent filed with the
4Department of Healthcare and Family Services, as provided by
5law, in conjunction with a voluntary acknowledgment, is
6equivalent to an adjudication of the nonparentage of the
7presumed parent and discharges the presumed parent from all
8rights and duties of a parent.
9(Source: P.A. 99-85, eff. 1-1-16.)
 
10    (750 ILCS 46/307)
11    Sec. 307. Proceeding for rescission. A signatory may
12rescind a voluntary acknowledgment or denial by filing a signed
13and witnessed rescission with the Department of Healthcare and
14Family Services as provided in Section 12 of the Vital Records
15Act, before the earlier of:
16        (a) 60 days after the effective date of the voluntary
17    acknowledgment or denial, as provided in Section 304 of
18    this Act; or
19        (b) the date of a judicial or administrative proceeding
20    relating to the child (including a proceeding to establish
21    a support order) in which the signatory is a party.
22(Source: P.A. 99-85, eff. 1-1-16.)
 
23    (750 ILCS 46/308)
24    Sec. 308. Challenge after expiration of period for

 

 

HB4447 Enrolled- 15 -LRB099 16017 HEP 40831 b

1rescission. After the period for rescission under Section 307
2of this Act has expired, a signatory of a voluntary
3acknowledgment or denial may commence a proceeding to challenge
4the voluntary acknowledgment or denial only as provided in
5Section 309 of this Act.
6(Source: P.A. 99-85, eff. 1-1-16.)
 
7    (750 ILCS 46/309)
8    Sec. 309. Procedure for challenge.
9    (a) A voluntary acknowledgment and any related denial may
10be challenged only on the basis of fraud, duress, or material
11mistake of fact by filing a verified petition under this
12Section within 2 years after the effective date of the
13voluntary acknowledgment or denial, as provided in Section 304
14of this Act. Time during which the person challenging the
15voluntary acknowledgment or denial is under legal disability or
16duress or the ground for relief is fraudulently concealed shall
17be excluded in computing the period of 2 years.
18    (b) The verified complaint, which shall be designated a
19petition, shall be filed in the county where a proceeding
20relating to the child was brought, such as a support proceeding
21or, if none exists, in the county where the child resides.
22Every signatory to the voluntary acknowledgment and any related
23denial must be made a party to a proceeding to challenge the
24voluntary acknowledgment or denial. The party challenging the
25voluntary acknowledgment or denial shall have the burden of

 

 

HB4447 Enrolled- 16 -LRB099 16017 HEP 40831 b

1proof. The burden of proof to challenge a voluntary
2acknowledgment is clear and convincing evidence.
3    (c) For the purpose of a challenge to a voluntary an
4acknowledgment or denial, a signatory submits to personal
5jurisdiction of this State by signing the voluntary
6acknowledgment and any related denial, effective upon the
7filing of the voluntary acknowledgment and any related denial
8with the Department of Healthcare and Family Services, as
9provided in Section 12 of the Vital Records Act.
10    (d) Except for good cause shown, during the pendency of a
11proceeding to challenge a voluntary an acknowledgment or
12denial, the court may not suspend the legal responsibilities of
13a signatory arising from the voluntary acknowledgment,
14including the duty to pay child support.
15    (e) At the conclusion of a proceeding to challenge a
16voluntary an acknowledgment or denial, the court shall order
17the Department of Public Health to amend the birth record of
18the child, if appropriate. A copy of an order entered at the
19conclusion of a proceeding to challenge shall be provided to
20the Department of Healthcare and Family Services.
21(Source: P.A. 99-85, eff. 1-1-16.)
 
22    (750 ILCS 46/310)
23    Sec. 310. Ratification barred. A court or administrative
24agency conducting a judicial or administrative proceeding is
25not required or permitted to ratify an unchallenged voluntary

 

 

HB4447 Enrolled- 17 -LRB099 16017 HEP 40831 b

1acknowledgment described in Section 301 of this Act.
2(Source: P.A. 99-85, eff. 1-1-16.)
 
3    (750 ILCS 46/311)
4    Sec. 311. Full faith and credit. A court of this State
5shall give full faith and credit to a valid voluntary
6acknowledgment or denial of parentage effective in another
7state if the voluntary acknowledgment or denial has been signed
8and is otherwise in compliance with the law of the other state.
9(Source: P.A. 99-85, eff. 1-1-16.)
 
10    (750 ILCS 46/312)
11    Sec. 312. Forms for voluntary acknowledgment and denial of
12parentage.
13    (a) To facilitate compliance with this Article, the
14Department of Healthcare and Family Services shall prescribe
15forms for the voluntary acknowledgment and the denial of
16parentage and for the rescission of the voluntary
17acknowledgment or denial of parentage consistent with Section
18307 of this Act.
19    (b) A voluntary acknowledgment, or denial, or rescission of
20voluntary acknowledgment or denial of parentage, regardless of
21which version of the prescribed form is used, is not affected
22by a later modification of the prescribed form.
23    (c) Any voluntary acknowledgment, denial, or rescission of
24voluntary acknowledgement or denial of parentage that was

 

 

HB4447 Enrolled- 18 -LRB099 16017 HEP 40831 b

1completed before January 1, 2016 is valid if it met all
2criteria for validity at the time it was signed.
3(Source: P.A. 99-85, eff. 1-1-16.)
 
4    (750 ILCS 46/313)
5    Sec. 313. Release of information. The Department of
6Healthcare and Family Services may release information
7relating to the voluntary acknowledgment described in Section
8301 of this Act, or the related denial, to a signatory of the
9voluntary acknowledgment or denial; to the child's guardian,
10the emancipated child, or the legal representatives of those
11individuals; to appropriate federal agencies; and to courts and
12appropriate agencies of this State or another state.
13(Source: P.A. 99-85, eff. 1-1-16.)
 
14    (750 ILCS 46/501)
15    Sec. 501. Temporary orders.
16    (a) On a motion by a party and a showing of clear and
17convincing evidence of parentage, the court shall issue a
18temporary order for support of a child, including a non-minor
19child with a disability, if the order is appropriate and the
20individual ordered to pay support is:
21        (1) a presumed parent of the child;
22        (2) petitioning to have parentage adjudicated;
23        (3) identified as the father through genetic testing
24    under Article 4 of this Act;

 

 

HB4447 Enrolled- 19 -LRB099 16017 HEP 40831 b

1        (4) an alleged father who has declined to submit to
2    genetic testing;
3        (5) shown by clear and convincing evidence to be the
4    child's father;
5        (6) the mother of the child; or
6        (7) anyone else determined to be the child's parent.
7    In determining the amount of a temporary child support
8award, the court shall use the guidelines and standards set
9forth in Sections 505, and 505.2, and 513.5 of the Illinois
10Marriage and Dissolution of Marriage Act.
11    (b) A temporary order may include provisions for the
12allocation of parental responsibilities custody and parenting
13time as provided by the Illinois Marriage and Dissolution of
14Marriage Act. A temporary order may, in accordance with the
15provisions of subsection (a) of Section 508 of the Illinois
16Marriage and Dissolution of Marriage Act that relate to
17proceedings other than pre-judgment dissolution proceedings,
18include an award for interim attorney's fees and costs.
19    (c) Temporary orders issued under this Section shall not
20have prejudicial effect with respect to final child support,
21the allocation of parental responsibilities custody, or
22parenting time orders.
23(Source: P.A. 99-85, eff. 1-1-16.)
 
24    (750 ILCS 46/502)
25    Sec. 502. Injunctive relief.

 

 

HB4447 Enrolled- 20 -LRB099 16017 HEP 40831 b

1    (a) In any action brought under this Act for the initial
2determination of parentage, the allocation of parental
3responsibilities custody or parenting time of a child, or for
4modification of a prior allocation order or judgment custody or
5parenting time order, the court, upon application of a party,
6may enjoin a party having physical possession or an allocation
7order or judgment custody of a child from temporarily
8relocating removing the child from this State pending the
9adjudication of the issues of parentage, the allocation of
10parental responsibilities custody, and parenting time. When
11deciding whether to enjoin relocation removal of a child, or to
12order a party to return the child to this State, the court
13shall consider factors including, but not limited to:
14        (1) the extent of previous involvement with the child
15    by the party seeking to enjoin relocation removal or to
16    have the absent party return the child to this State;
17        (2) the likelihood that parentage will be established;
18    and
19        (3) the impact on the financial, physical, and
20    emotional health of the party being enjoined from
21    relocating removing the child or the party being ordered to
22    return the child to this State.
23    (b) A temporary restraining order or preliminary
24injunction under this Act shall be governed by the relevant
25provisions of Part 1 of Article XI of the Code of Civil
26Procedure.

 

 

HB4447 Enrolled- 21 -LRB099 16017 HEP 40831 b

1    (c) Notwithstanding the provisions of subsection (a) of
2this Section, the court may decline to enjoin a domestic
3violence victim having physical possession or an allocation
4order or judgment custody of a child from temporarily or
5permanently relocating removing the child from this State
6pending an allocation of parental responsibilities the
7adjudication of issues of custody or an adjudication of
8parenting time. In determining whether a person is a domestic
9violence victim, the court shall consider the following
10factors:
11        (1) a sworn statement by the person that the person has
12    good reason to believe that he or she is the victim of
13    domestic violence or stalking;
14        (2) a sworn statement that the person fears for his or
15    her safety or the safety of his or her children;
16        (3) evidence from police, court, or other government
17    agency records or files;
18        (4) documentation from a domestic violence program if
19    the person is alleged to be a victim of domestic violence;
20        (5) documentation from a legal, clerical, medical, or
21    other professional from whom the person has sought
22    assistance in dealing with the alleged domestic violence;
23    and
24        (6) any other evidence that supports the sworn
25    statements, such as a statement from any other individual
26    with knowledge of the circumstances that provides the basis

 

 

HB4447 Enrolled- 22 -LRB099 16017 HEP 40831 b

1    for the claim, or physical evidence of the domestic
2    violence.
3(Source: P.A. 99-85, eff. 1-1-16.)
 
4    (750 ILCS 46/602)
5    Sec. 602. Standing. A complaint to adjudicate parentage
6shall be verified, shall be designated a petition, and shall
7name the person or persons alleged to be the parent of the
8child. Subject to Article 3 and Sections 607, 608, and 609 of
9this Act, a proceeding to adjudicate parentage may be
10maintained by:
11        (a) the child;
12        (b) the mother of the child;
13        (c) a pregnant woman;
14        (d) a man presumed or alleging himself to be the parent
15    of the child;
16        (e) a woman presumed or alleging herself to be the
17    parent of the child;
18        (f) the support-enforcement agency or other
19    governmental agency authorized by other law;
20        (g) any person or public agency that has physical
21    possession of or has custody of or has been allocated
22    parental responsibilities for custody of, is providing
23    financial support to, or has provided financial support to
24    the child;
25        (h) the Department of Healthcare and Family Services if

 

 

HB4447 Enrolled- 23 -LRB099 16017 HEP 40831 b

1    it is providing, or has provided, financial support to the
2    child or if it is assisting with child support collections
3    services;
4        (i) an authorized adoption agency or licensed
5    child-placing agency;
6        (j) a representative authorized by law to act for an
7    individual who would otherwise be entitled to maintain a
8    proceeding but who is deceased, incapacitated, or a minor;
9    or
10        (k) an intended parent pursuant to the terms of a valid
11    gestational surrogacy contract.
12(Source: P.A. 99-85, eff. 1-1-16.)
 
13    (750 ILCS 46/604)
14    Sec. 604. Venue.
15    (a) Venue for a proceeding to adjudicate parentage is any
16county of this State in which a party resides, or if the
17presumed or alleged father is deceased, in which a proceeding
18for probate or administration of the presumed or alleged
19father's estate has been commenced, or could be commenced.
20    (b) A child custody proceeding for the allocation of
21parental responsibilities is commenced in the county where the
22child resides.
23(Source: P.A. 99-85, eff. 1-1-16.)
 
24    (750 ILCS 46/610)

 

 

HB4447 Enrolled- 24 -LRB099 16017 HEP 40831 b

1    Sec. 610. Authority to deny motion for genetic testing.
2    (a) In a proceeding in which to adjudicate the parentage of
3a child having a presumed, acknowledged, or adjudicated parent
4is at issue, the court may deny a motion by a parent, presumed
5parent, acknowledged parent, adjudicated parent, or alleged
6parent, or the child seeking an order for genetic testing of
7the parents and child if the court determines that:
8        (1) the conduct of the parent, acknowledged parent,
9    adjudicated parent, or the presumed parent estops that
10    party from denying parentage;
11        (2) it would be inequitable to disprove the
12    parent-child relationship between the child and the
13    presumed, acknowledged, or adjudicated parent; and
14        (3) it is in the child's best interests to deny genetic
15    testing, taking into account the following factors:
16            (A) the length of time between the current
17        proceeding to adjudicate parentage and the time that
18        the presumed, acknowledged, or adjudicated parent was
19        placed on notice that he or she might not be the
20        biological parent;
21            (B) the length of time during which the presumed,
22        acknowledged, or adjudicated parent has assumed the
23        role of parent of the child;
24            (C) the facts surrounding the presumed,
25        acknowledged, or adjudicated parent's discovery of his
26        or her possible nonparentage;

 

 

HB4447 Enrolled- 25 -LRB099 16017 HEP 40831 b

1            (D) the nature of the relationship between the
2        child and the presumed, acknowledged, or adjudicated
3        parent;
4            (E) the age of the child;
5            (F) the harm that may result to the child if the
6        presumed, acknowledged, or adjudicated parentage is
7        successfully disproved;
8            (G) the nature of the relationship between the
9        child and any alleged parent;
10            (H) the extent to which the passage of time reduces
11        the chances of establishing the parentage of another
12        person and a child support obligation in favor of the
13        child;
14            (I) other factors that may affect the equities
15        arising from the disruption of the parent-child
16        relationship between the child and the presumed,
17        acknowledged, or adjudicated parent or the chance of
18        other harm to the child; and
19            (J) any other factors the court determines to be
20        equitable.
21    (b) In a proceeding involving the application of this
22Section, a minor or incapacitated child must be represented by
23a guardian ad litem, child's representative, or attorney for
24the child. It shall be presumed to be equitable and in the best
25interests of the child to grant a motion by the child seeking
26an order for genetic testing. The presumption may be overcome

 

 

HB4447 Enrolled- 26 -LRB099 16017 HEP 40831 b

1by clear and convincing evidence that extraordinary
2circumstances exist making the genetic testing contrary to the
3child's best interests. The court's order denying a child's
4request for genetic testing must state the basis upon which the
5presumption was overcome. The court's order granting a child's
6request for genetic testing must specify the ways in which the
7testing results may be used for purposes of protecting the
8child's best interests.
9    (c) If the court denies a motion seeking an order for
10genetic testing, it shall issue an order adjudicating the
11presumed parent to be the parent of the child.
12(Source: P.A. 99-85, eff. 1-1-16.)
 
13    (750 ILCS 46/611)
14    Sec. 611. Joinder of proceedings.
15    (a) Except as otherwise provided in subsection (b), a
16proceeding to adjudicate parentage may be joined with a
17proceeding for adoption, termination of parental rights, the
18allocation of parental responsibilities child custody or
19parenting time, child support, dissolution of marriage or civil
20union, declaration of invalidity of marriage or civil union,
21legal separation, probate or administration of an estate, or
22other appropriate proceeding.
23    (b) A respondent may not join a proceeding described in
24subsection (a) with a proceeding to adjudicate parentage
25brought under the Uniform Interstate Family Support Act.

 

 

HB4447 Enrolled- 27 -LRB099 16017 HEP 40831 b

1(Source: P.A. 99-85, eff. 1-1-16.)
 
2    (750 ILCS 46/622)
3    Sec. 622. Allocation of parental responsibilities or
4parenting time Custody or visitation prohibited to men who
5father through sexual assault or sexual abuse.
6    (a) This Section applies to a person who has been found to
7be the father of a child under this Act and who:
8        (1) has been convicted of or who has pled guilty or
9    nolo contendere to a violation of Section 11-1.20 (criminal
10    sexual assault), Section 11-1.30 (aggravated criminal
11    sexual assault), Section 11-1.40 (predatory criminal
12    sexual assault of a child), Section 11-1.50 (criminal
13    sexual abuse), Section 11-1.60 (aggravated criminal sexual
14    abuse), Section 11-11 (sexual relations within families),
15    Section 12-13 (criminal sexual assault), Section 12-14
16    (aggravated criminal sexual assault), Section 12-14.1
17    (predatory criminal sexual assault of a child), Section
18    12-15 (criminal sexual abuse), or Section 12-16
19    (aggravated criminal sexual abuse) of the Criminal Code of
20    1961 or the Criminal Code of 2012, or a similar statute in
21    another jurisdiction, for his conduct in fathering that
22    child; or
23        (2) at a fact-finding hearing, is found by clear and
24    convincing evidence to have committed an act of
25    non-consensual sexual penetration for his conduct in

 

 

HB4447 Enrolled- 28 -LRB099 16017 HEP 40831 b

1    fathering that child.
2    (b) A person described in subsection (a) shall not be
3entitled to an allocation of any parental responsibilities
4custody of or parenting time visitation with that child without
5the consent of the child's mother or guardian. If the person
6described in subsection (a) is also the guardian of the child,
7he does not have the authority to consent to parenting time
8visitation or the allocation of parental responsibilities
9custody under this Section. If the mother of the child is a
10minor, and the person described in subsection (a) is also the
11father or guardian of the mother, then he does not have the
12authority to consent to the allocation of parental
13responsibilities or parenting time custody or visits.
14    (c) Notwithstanding any other provision of this Act,
15nothing in this Section shall be construed to relieve the
16father described in subsection (a) of any support and
17maintenance obligations to the child under this Act. The
18child's mother or guardian may decline support and maintenance
19obligations from the father.
20    (d) Notwithstanding any other provision of law, the father
21described in subsection (a) of this Section is not entitled to
22any inheritance or other rights from the child without the
23consent of the child's mother or guardian.
24    (e) Notwithstanding any provision of the Illinois Marriage
25and Dissolution of Marriage Act, the parent, grandparent,
26great-grandparent, or sibling of the person described in

 

 

HB4447 Enrolled- 29 -LRB099 16017 HEP 40831 b

1subsection (a) of this Section does not have standing to bring
2an action requesting the allocation of parental
3responsibilities custody or parenting time visitation with the
4child without the consent of the child's mother or guardian.
5    (f) A petition under this Section may be filed by the
6child's mother or guardian either as an affirmative petition in
7circuit court or as an affirmative defense in any proceeding
8filed by the person described in subsection (a) of this Section
9regarding the child.
10(Source: P.A. 99-85, eff. 1-1-16.)
 
11    (750 ILCS 46/802)
12    Sec. 802. Judgment.
13    (a) The court shall issue an order adjudicating whether a
14person alleged or claiming to be the parent is the parent of
15the child. An order adjudicating parentage must identify the
16child by name initials and date year of birth.
17    The court may assess filing fees, reasonable attorney's
18fees, fees for genetic testing, other costs, necessary travel
19expenses, and other reasonable expenses incurred in a
20proceeding under this Act. The court may award attorney's fees,
21which may be paid directly to the attorney, who may enforce the
22order in the attorney's own name. The court may not assess
23fees, costs, or expenses against the support-enforcement
24agency of this State or another state, except as provided by
25other law.

 

 

HB4447 Enrolled- 30 -LRB099 16017 HEP 40831 b

1    The judgment shall contain or explicitly reserve
2provisions concerning any duty and amount of child support and
3may contain provisions concerning the allocation of parental
4responsibilities or custody and guardianship of the child,
5parenting time privileges with the child, and the furnishing of
6bond or other security for the payment of the judgment, which
7the court shall determine in accordance with the relevant
8factors set forth in the Illinois Marriage and Dissolution of
9Marriage Act and any other applicable law of this State, to
10guide the court in a finding in the best interests of the
11child. In determining the allocation of parental
12responsibilities, relocation custody, joint custody, removal,
13parenting time, parenting time interference, support for a
14non-minor disabled child, educational expenses for a non-minor
15child, and related post-judgment issues, the court shall apply
16the relevant standards of the Illinois Marriage and Dissolution
17of Marriage Act. Specifically, in determining the amount of a
18child support award, the court shall use the guidelines and
19standards set forth in subsection (a) of Section 505 and in
20Section 505.2 of the Illinois Marriage and Dissolution of
21Marriage Act. The court shall order all child support payments,
22determined in accordance with such guidelines, to commence with
23the date summons is served. The level of current periodic
24support payments shall not be reduced because of payments set
25for the period prior to the date of entry of the support order.
26    (b) In an action brought within 2 years after a child's

 

 

HB4447 Enrolled- 31 -LRB099 16017 HEP 40831 b

1birth, the judgment or order may direct either parent to pay
2the reasonable expenses incurred by either parent or the
3Department of Healthcare and Family Services related to the
4mother's pregnancy and the delivery of the child.
5    (c) In the absence of an explicit order or judgment for the
6allocation of parental responsibilities If a judgment of
7parentage contains no explicit award of custody, the
8establishment of a child support obligation or the allocation
9of parenting time to rights in one parent shall be construed as
10an order or judgment allocating all parental responsibilities
11considered a judgment granting custody to the other parent. If
12the parentage order or judgment contains no such provisions,
13all parental responsibilities custody shall be presumed to be
14allocated to with the mother; however, the presumption shall
15not apply if the child has resided primarily with the other
16parent father has had physical custody for at least 6 months
17prior to the date that the mother seeks to enforce the order or
18judgment of parentage custodial rights.
19    (d) The court, if necessary to protect and promote the best
20interests of the child, may set aside a portion of the
21separately held estates of the parties in a separate fund or
22trust for the support, education, physical and mental health,
23and general welfare of a minor or mentally or physically
24disabled child of the parties.
25    (e) The court may order child support payments to be made
26for a period prior to the commencement of the action. In

 

 

HB4447 Enrolled- 32 -LRB099 16017 HEP 40831 b

1determining whether and to what extent the payments shall be
2made for the prior period, the court shall consider all
3relevant facts, including but not limited to:
4        (1) The factors for determining the amount of support
5    specified in the Illinois Marriage and Dissolution of
6    Marriage Act.
7        (2) The father's prior knowledge of the person
8    obligated to pay support of the fact and circumstances of
9    the child's birth.
10        (3) The father's prior willingness or refusal to help
11    raise or support the child.
12        (4) The extent to which the mother or the public agency
13    bringing the action previously informed the person
14    obligated to pay support father of the child's needs or
15    attempted to seek or require the his help of the person
16    obligated to pay support in raising or supporting the
17    child.
18        (5) The reasons the mother or the public agency did not
19    file the action earlier.
20        (6) The extent to which the person obligated to pay
21    support father would be prejudiced by the delay in bringing
22    the action.
23    For purposes of determining the amount of child support to
24be paid for the period before the date the order for current
25child support is entered, there is a rebuttable presumption
26that the father's net income of the person obligated to pay

 

 

HB4447 Enrolled- 33 -LRB099 16017 HEP 40831 b

1support for the prior period was the same as the his net income
2of the person obligated to pay support at the time the order
3for current child support is entered.
4    If (i) the person obligated to pay support non-custodial
5parent was properly served with a request for discovery of
6financial information relating to the non-custodial parent's
7ability to provide child support of the person obligated to pay
8support; (ii) the person obligated to pay support non-custodial
9parent failed to comply with the request, despite having been
10ordered to do so by the court; and (iii) the person obligated
11to pay support non-custodial parent is not present at the
12hearing to determine support despite having received proper
13notice, then any relevant financial information concerning the
14non-custodial parent's ability to provide child support of the
15person obligated to pay support that was obtained pursuant to
16subpoena and proper notice shall be admitted into evidence
17without the need to establish any further foundation for its
18admission.
19    (f) A new or existing support order entered by the court
20under this Section shall be deemed to be a series of judgments
21against the person obligated to pay support thereunder, each
22judgment to be in the amount of each payment or installment of
23support and each judgment to be deemed entered as of the date
24the corresponding payment or installment becomes due under the
25terms of the support order. Each judgment shall have the full
26force, effect, and attributes of any other judgment of this

 

 

HB4447 Enrolled- 34 -LRB099 16017 HEP 40831 b

1State, including the ability to be enforced. A judgment under
2this Section is subject to modification or termination only in
3accordance with Section 510 of the Illinois Marriage and
4Dissolution of Marriage Act. Notwithstanding any State or local
5law to the contrary, a lien arises by operation of law against
6the real and personal property of the noncustodial parent for
7each installment of overdue support owed by the noncustodial
8parent.
9    (g) If the judgment or order of the court is at variance
10with the child's birth certificate, the court shall order that
11a new birth certificate be issued under the Vital Records Act.
12    (h) On the request of both parents, the court shall order a
13change in the child's name.
14    (i) After hearing evidence, the court may stay payment of
15support during the period of the father's minority or period of
16disability.
17    (j) If, upon a showing of proper service, the father fails
18to appear in court or otherwise appear as provided by law, the
19court may proceed to hear the cause upon testimony of the
20mother or other parties taken in open court and shall enter a
21judgment by default. The court may reserve any order as to the
22amount of child support until the father has received notice,
23by regular mail, of a hearing on the matter.
24    (k) An order for support, when entered or modified, shall
25include a provision requiring the non-custodial parent to
26notify the court and, in cases in which a party is receiving

 

 

HB4447 Enrolled- 35 -LRB099 16017 HEP 40831 b

1child support enforcement services under Article X of the
2Illinois Public Aid Code, the Department of Healthcare and
3Family Services, within 7 days: (i) of the name and address of
4any new employer of the non-custodial parent; (ii) whether the
5non-custodial parent has access to health insurance coverage
6through the employer or other group coverage and, if so, of the
7policy name and number and the names of adults and initials of
8minors covered under the policy; and (iii) of any new
9residential or mailing address or telephone number of the
10non-custodial parent. In a subsequent action to enforce a
11support order, upon a sufficient showing that a diligent effort
12has been made to ascertain the location of the non-custodial
13parent, service of process or provision of notice necessary in
14the case may be made at the last known address of the
15non-custodial parent in any manner expressly provided by this
16Act or the Code of Civil Procedure, and shall be sufficient for
17purposes of due process.
18    (l) An order for support shall include a date on which the
19current support obligation terminates. The termination date
20shall be no earlier than the date on which the child covered by
21the order will attain the age of 18. However, if the child will
22not graduate from high school until after attaining the age of
2318, then the termination date shall be no earlier than the
24earlier of the date on which the child's high school graduation
25will occur or the date on which the child will attain the age
26of 19. The order for support shall state that the termination

 

 

HB4447 Enrolled- 36 -LRB099 16017 HEP 40831 b

1date does not apply to any arrearage that may remain unpaid on
2that date. Nothing in this subsection shall be construed to
3prevent the court from modifying the order or terminating the
4order in the event the child is otherwise emancipated.
5    (m) If there is an unpaid arrearage or delinquency (as
6those terms are defined in the Income Withholding for Support
7Act) equal to at least one month's support obligation on the
8termination date stated in the order for support or, if there
9is no termination date stated in the order, on the date the
10child attains the age of majority or is otherwise emancipated,
11the periodic amount required to be paid for current support of
12that child immediately prior to that date shall automatically
13continue to be an obligation, not as current support but as
14periodic payment toward satisfaction of the unpaid arrearage or
15delinquency. The periodic payment shall be in addition to any
16periodic payment previously required for satisfaction of the
17arrearage or delinquency. The total periodic amount to be paid
18toward satisfaction of the arrearage or delinquency may be
19enforced and collected by any method provided by law for
20enforcement and collection of child support, including but not
21limited to income withholding under the Income Withholding for
22Support Act. Each order for support entered or modified must
23contain a statement notifying the parties of the requirements
24of this subsection. Failure to include the statement in the
25order for support does not affect the validity of the order or
26the operation of the provisions of this subsection with regard

 

 

HB4447 Enrolled- 37 -LRB099 16017 HEP 40831 b

1to the order. This subsection shall not be construed to prevent
2or affect the establishment or modification of an order for
3support of a minor child or the establishment or modification
4of an order for support of a non-minor child or educational
5expenses under Section 513 of the Illinois Marriage and
6Dissolution of Marriage Act.
7    (n) An order entered under this Section shall include a
8provision requiring the obligor to report to the obligee and to
9the clerk of court within 7 days each time the obligor obtains
10new employment, and each time the obligor's employment is
11terminated for any reason. The report shall be in writing and
12shall, in the case of new employment, include the name and
13address of the new employer. Failure to report new employment
14or the termination of current employment, if coupled with
15nonpayment of support for a period in excess of 60 days, is
16indirect criminal contempt. For an obligor arrested for failure
17to report new employment, bond shall be set in the amount of
18the child support that should have been paid during the period
19of unreported employment. An order entered under this Section
20shall also include a provision requiring the obligor and
21obligee parents to advise each other of a change in residence
22within 5 days of the change except when the court finds that
23the physical, mental, or emotional health of a party or that of
24a minor child, or both, would be seriously endangered by
25disclosure of the party's address.
26(Source: P.A. 99-85, eff. 1-1-16.)
 

 

 

HB4447 Enrolled- 38 -LRB099 16017 HEP 40831 b

1    (750 ILCS 46/803)
2    Sec. 803. Information to State Case Registry.
3    (a) In this Section:
4    "Order for support", "obligor", "obligee", and "business
5day" are defined as set forth in the Income Withholding for
6Support Act.
7    "State Case Registry" means the State Case Registry
8established under Section 10-27 of the Illinois Public Aid
9Code.
10    (b) Each order for support entered or modified by the
11circuit court under this Act shall require that the obligor and
12obligee file with the clerk of the circuit court (i) the
13information required by this Section (and any other information
14required under Title IV, Part D of the Social Security Act or
15by the federal Department of Health and Human Services) at the
16time of entry or modification of the order for support; and
17(ii) updated information within 5 business days of any change.
18Failure of the obligor or obligee to file or update the
19required information shall be punishable as in cases of
20contempt. The failure shall not prevent the court from entering
21or modifying the order for support, however.
22    (c) The obligor shall file the following information: the
23obligor's name, date year of birth, mailing address, and the
24last 4 digits of the obligor's social security number or tax
25identification number. If either the obligor or the obligee

 

 

HB4447 Enrolled- 39 -LRB099 16017 HEP 40831 b

1receives child support enforcement services from the
2Department of Healthcare and Family Services under Article X of
3the Illinois Public Aid Code, the obligor shall also file the
4following information: the obligor's telephone number, the
5last 4 digits of the obligor's driver's license number,
6residential address (if different from the obligor's mailing
7address), and the name, address, and telephone number of the
8obligor's employer or employers.
9    (d) The obligee shall file the following information:
10        (1) The name of the obligee and the name initials of
11    the child or children covered by the order for support.
12        (2) The dates years of birth of the obligee and the
13    child or children covered by the order for support.
14        (3) The last 4 digits of the social security numbers or
15    tax identification numbers of the obligee and the child or
16    children covered by the order for support.
17        (4) The obligee's mailing address.
18    (e) In cases in which the obligee receives child support
19enforcement services from the Department of Healthcare and
20Family Services under Article X of the Illinois Public Aid
21Code, the order for support shall (i) require that the obligee
22file the information required under subsection (d) with the
23Department of Healthcare and Family Services for inclusion in
24the State Case Registry, rather than file the information with
25the clerk, and (ii) require that the obligee include the
26following additional information:

 

 

HB4447 Enrolled- 40 -LRB099 16017 HEP 40831 b

1        (1) The obligee's telephone and the last 4 digits of
2    the obligee's driver's license number.
3        (2) The obligee's residential address, if different
4    from the obligee's mailing address.
5        (3) The name, address, and telephone number of the
6    obligee's employer or employers.
7    The order for support shall also require that the obligee
8update the information filed with the Department of Healthcare
9and Family Services within 5 business days of any change.
10    (f) The clerk of the circuit court shall provide the
11information filed under this Section, together with the court
12docket number and county in which the order for support was
13entered, to the State Case Registry within 5 business days
14after receipt of the information.
15    (g) In a case in which a party is receiving child support
16enforcement services under Article X of the Illinois Public Aid
17Code, the clerk of the circuit court shall provide the
18following additional information to the State Case Registry
19within 5 business days after entry or modification of an order
20for support or request from the Department of Healthcare and
21Family Services:
22        (1) the amount of monthly or other periodic support
23    owed under the order for support and other amounts,
24    including arrearage, interest, or late payment penalties
25    and fees, due or overdue under the order; and
26        (2) any amounts that have been received by the clerk,

 

 

HB4447 Enrolled- 41 -LRB099 16017 HEP 40831 b

1    and the distribution of those amounts by the clerk.
2    (h) Information filed by the obligor and obligee under this
3Section that is not specifically required to be included in the
4body of an order for support under other laws is not a public
5record and shall be treated as confidential and subject to
6disclosure only in accordance with the provisions of this
7Section, Section 10-27 of the Illinois Public Aid Code, and
8Title IV, Part D of the Social Security Act.
9(Source: P.A. 99-85, eff. 1-1-16.)
 
10    (750 ILCS 46/805)
11    Sec. 805. Enforcement of judgment or order.
12    (a) If the existence of the parent-child relationship is
13declared, or if parentage or a duty of support has been
14established under this Act or under prior law or under the law
15of any other jurisdiction, the judgment rendered thereunder may
16be enforced in the same or in other proceedings by any party or
17any person or agency that has furnished or may furnish
18financial assistance or services to the child. The Income
19Withholding for Support Act and Sections 802 and 808 of this
20Act shall also be applicable with respect to the entry,
21modification, and enforcement of a support judgment entered
22under the Paternity Act, approved July 5, 1957 and repealed
23July 1, 1985.
24    (b) Failure to comply with an order of the court shall be
25punishable as contempt as in other cases of failure to comply

 

 

HB4447 Enrolled- 42 -LRB099 16017 HEP 40831 b

1under the Illinois Marriage and Dissolution of Marriage Act. In
2addition to other penalties provided by law, the court may,
3after finding the party guilty of contempt, take the following
4action:
5        (1) Order that the party be placed on probation with
6    such conditions of probation as the court deems advisable.
7        (2) Order that the party be sentenced to periodic
8    imprisonment for a period not to exceed 6 months. However,
9    the court may permit the party to be released for periods
10    of time during the day or night to work, conduct business,
11    or engage in other self-employed occupation. The court may
12    further order any part of all the earnings of a party
13    during a sentence of periodic imprisonment to be paid to
14    the clerk of the circuit court or to the person or parent
15    having custody of or having been allocated parental
16    responsibilities for custody of the minor child for the
17    support of the child until further order of the court.
18        (3) Pierce the ownership veil of a person, persons, or
19    business entity to discover assets of a non-custodial
20    parent held in the name of that person, those persons, or
21    that business entity, if there is a unity of interest and
22    ownership sufficient to render no financial separation
23    between the non-custodial parent and that person, those
24    persons, or the business entity. The following
25    circumstances are sufficient for a court to order discovery
26    of the assets of a person, persons, or business entity and

 

 

HB4447 Enrolled- 43 -LRB099 16017 HEP 40831 b

1    to compel the application of any discovered assets toward
2    payment of the judgment for support:
3            (A) the non-custodial parent and the person,
4        persons, or business entity maintain records together.
5            (B) the non-custodial parent and the person,
6        persons, or business entity fail to maintain an
7        arm's-length relationship between themselves with
8        regard to any assets.
9            (C) the non-custodial parent transfers assets to
10        the person, persons, or business entity with the intent
11        to perpetrate a fraud on the custodial parent. With
12        respect to assets which are real property, no order
13        entered under this subdivision (3) shall affect the
14        rights of bona fide purchasers, mortgagees, judgment
15        creditors, or other lien holders who acquire their
16        interests in the property prior to the time a notice of
17        lis pendens under the Code of Civil Procedure or a copy
18        of the order is placed of record in the office of the
19        recorder of deeds for the county in which the real
20        property is located.
21        (4) Order that, in cases where the party is 90 days or
22    more delinquent in payment of support or has been
23    adjudicated in arrears in an amount equal to 90 days
24    obligation or more, the party's Illinois driving
25    privileges be suspended until the court determines that the
26    party is in compliance with the judgment or duty of

 

 

HB4447 Enrolled- 44 -LRB099 16017 HEP 40831 b

1    support. The court may also order that the parent be issued
2    a family financial responsibility driving permit that
3    would allow limited driving privileges for employment and
4    medical purposes in accordance with Section 7-702.1 of the
5    Illinois Vehicle Code. The clerk of the circuit court shall
6    certify the order suspending the driving privileges of the
7    parent or granting the issuance of a family financial
8    responsibility driving permit to the Secretary of State on
9    forms prescribed by the Secretary. Upon receipt of the
10    authenticated documents, the Secretary of State shall
11    suspend the party's driving privileges until further order
12    of the court and shall, if ordered by the court and subject
13    to the provisions of Section 7-702.1 of the Illinois
14    Vehicle Code, issue a family financial responsibility
15    driving permit to the parent.
16    In addition to the penalties or punishment that may be
17imposed under this Section, a person whose conduct constitutes
18a violation of Section 15 of the Non-Support Punishment Act may
19be prosecuted under that Act, and a person convicted under that
20Act may be sentenced in accordance with that Act. The sentence
21may include, but need not be limited to, a requirement that the
22person perform community service under Section 50 of that Act
23or participate in a work alternative program under Section 50
24of that Act. A person may not be required to participate in a
25work alternative program under Section 50 of the Non-Support
26Punishment Act if the person is currently participating in a

 

 

HB4447 Enrolled- 45 -LRB099 16017 HEP 40831 b

1work program under Section 806 of this Act.
2    (c) In a post-judgment proceeding to enforce or modify the
3judgment, the parties shall continue to be designated as in the
4original proceeding.
5(Source: P.A. 99-85, eff. 1-1-16.)
 
6    (750 ILCS 46/808)
7    Sec. 808. Modification of judgment. The court has
8continuing jurisdiction to modify an order for child support,
9allocation of parental responsibilities custody, parenting
10time, or relocation removal included in a judgment entered
11under this Act. Any allocation of parental responsibilities
12custody, parenting time, or relocation removal judgment
13modification shall be in accordance with the relevant factors
14specified in the Illinois Marriage and Dissolution of Marriage
15Act. Any support judgment is subject to modification or
16termination only in accordance with Section 510 of the Illinois
17Marriage and Dissolution of Marriage Act.
18(Source: P.A. 99-85, eff. 1-1-16.)
 
19    (750 ILCS 46/809)
20    Sec. 809. Right to counsel.
21    (a) Any party may be represented by counsel at all
22proceedings under this Act. Except as otherwise provided in
23this Act, the court may order, in accordance with the relevant
24factors specified in Section 508 of the Illinois Marriage and

 

 

HB4447 Enrolled- 46 -LRB099 16017 HEP 40831 b

1Dissolution of Marriage Act, reasonable fees of counsel,
2experts, and other costs of the action, pre-trial proceedings,
3post-judgment proceedings to enforce or modify the judgment,
4and the appeal or the defense of an appeal of the judgment to
5be paid by the parties. The court may not order payment by the
6Department of Healthcare and Family Services in cases in which
7the Department is providing child support enforcement services
8under Article X of the Illinois Public Aid Code.
9    (b) In any proceedings involving the support, allocation of
10parental responsibilities custody, parenting time, education,
11parentage, property interest, relocation, or general welfare
12of a minor or dependent child, the court may, on its own motion
13or that of any party, appoint an attorney to serve in one of
14the capacities specified in Section 506 of the Illinois
15Marriage and Dissolution of Marriage Act.
16(Source: P.A. 99-85, eff. 1-1-16.)
 
17    (750 ILCS 46/903)
18    Sec. 903. Transitional provision. A proceeding to
19adjudicate parentage which was commenced before the effective
20date of this Act is governed by the law in effect at the time
21the proceeding was commenced, except that this Act applies to
22all pending actions and proceedings commenced before January 1,
232016 with respect to issues on which a judgment has not been
24entered.
25(Source: P.A. 99-85, eff. 1-1-16.)
 

 

 

HB4447 Enrolled- 47 -LRB099 16017 HEP 40831 b

1    (750 ILCS 46/904)
2    Sec. 904. Savings provision. The repeal of the Illinois
3Parentage Act of 1984 and the Illinois Parentage Act shall not
4affect rights or liabilities under that Act those Acts which
5have been determined, settled, or adjudicated prior to the
6effective date of this Act or which are the subject of
7proceedings pending on the effective date of this Act. This Act
8shall not be construed to bar an action which would have been
9barred because the action had not been filed within a time
10limitation under the Illinois Parentage Act of 1984 and the
11Illinois Parentage Act, or which could not have been maintained
12under that Act those Acts, as long as the action is not barred
13by a limitations period set forth in this Act.
14(Source: P.A. 99-85, eff. 1-1-16.)