Full Text of HB4129 97th General Assembly
HB4129enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | adding Section 10-15.1 as follows: | 6 | | (305 ILCS 5/10-15.1 new) | 7 | | Sec. 10-15.1. Judicial registration of administrative
| 8 | | support orders. | 9 | | (a) A final administrative support order established by the
| 10 | | Illinois Department under this Article X may be registered in
| 11 | | the appropriate circuit court of this State by the Department
| 12 | | or by a party to the order by filing: | 13 | | (1) Two copies, including one certified copy of the
| 14 | | order to be registered, any modification of the | 15 | | administrative
support order, any voluntary acknowledgment | 16 | | of paternity
pertaining to the child covered by the order, | 17 | | and the documents
showing service of the notice of support | 18 | | obligation that commenced
the procedure for establishment | 19 | | of the administrative support
order pursuant to Section | 20 | | 10-4 of this Code. | 21 | | (2) A sworn statement by the person requesting
| 22 | | registration or a certified copy of the Department payment
| 23 | | record showing the amount of any past due support accrued
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| 1 | | under the administrative support order. | 2 | | (3) The name of the obligor and, if known, the
| 3 | | obligor's address and social security number. | 4 | | (4) The name of the obligee and the obligee's address,
| 5 | | unless the obligee alleges in an affidavit or pleading
| 6 | | under oath that the health, safety, or liberty of the
| 7 | | obligee or child would be jeopardized by disclosure of
| 8 | | specific identifying information, in which case that
| 9 | | information must be sealed and may not be disclosed to the
| 10 | | other party or public. After a hearing in which the court
| 11 | | takes into consideration the health, safety, or liberty of
| 12 | | the party or child, the court may order disclosure of
| 13 | | information that the court determines to be in the interest
| 14 | | of justice. | 15 | | (b) The filing of an administrative support order under
| 16 | | subsection (a) constitutes registration with the circuit
| 17 | | court. | 18 | | (c) A petition or comparable pleading seeking a remedy that
| 19 | | must be affirmatively sought under other law of this State may
| 20 | | be filed at the same time as the request for registration or
| 21 | | later. The pleading must specify the grounds for the remedy
| 22 | | sought. | 23 | | (d) When an administrative support order is registered, the | 24 | | clerk of the circuit court shall notify the nonregistering | 25 | | party and the Illinois
Department, unless the Department is | 26 | | requesting registration
of its order. The notice, which shall |
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| 1 | | be served on the
nonregistering party by any method provided by | 2 | | law for service
of a summons, must be accompanied by a copy of | 3 | | the
registered administrative support order and the documents | 4 | | and
relevant information accompanying the order. | 5 | | (e) A notice of registration of an administrative support
| 6 | | order must provide the following information: | 7 | | (1) That a registered administrative order is
| 8 | | enforceable in the same manner as an order for support
| 9 | | issued by the circuit court. | 10 | | (2) That a hearing to contest enforcement of the
| 11 | | registered administrative support order must be requested
| 12 | | within 30 days after the date of service of the notice. | 13 | | (3) That failure to contest, in a timely manner, the
| 14 | | enforcement of the registered administrative
support order | 15 | | shall result in confirmation of the order and
enforcement | 16 | | of the order and the alleged arrearages and
precludes | 17 | | further contest of that order with respect to any
matter | 18 | | that could have been asserted. | 19 | | (4) The amount of any alleged arrearages. | 20 | | (f) A nonregistering party seeking to contest enforcement
| 21 | | of a registered administrative support order shall request
a | 22 | | hearing within 30 days after the date of service
of notice of | 23 | | the registration. The nonregistering party may
seek to vacate | 24 | | the registration, to assert any defense to an
allegation of | 25 | | noncompliance with the registered administrative
support | 26 | | order, or to contest the remedies being sought or the
amount of |
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| 1 | | any alleged arrearages. | 2 | | (g) If the nonregistering party fails to contest the
| 3 | | enforcement of the registered administrative
support order in a | 4 | | timely manner, the order shall be confirmed
by operation of | 5 | | law. | 6 | | (h) If a nonregistering party requests a hearing to contest
| 7 | | the enforcement of the registered administrative
support | 8 | | order, the circuit court shall schedule the matter for
hearing | 9 | | and give notice to the parties and the Illinois
Department of | 10 | | the date, time, and place of the hearing. | 11 | | (i) A party contesting the enforcement of a registered | 12 | | administrative support order or seeking to vacate
the | 13 | | registration has the burden of proving one or more of the
| 14 | | following defenses: | 15 | | (1) The Illinois Department lacked personal
| 16 | | jurisdiction over the contesting party. | 17 | | (2) The administrative support order was obtained by
| 18 | | fraud. | 19 | | (3) The administrative support order has been vacated,
| 20 | | suspended, or modified by a later order. | 21 | | (4) The Illinois Department has stayed the
| 22 | | administrative support order pending appeal. | 23 | | (5) There is a defense under the law to the remedy | 24 | | sought. | 25 | | (6) Full or partial payment has been made. | 26 | | (j) If a party presents evidence establishing a full or
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| 1 | | partial payment defense under subsection (i), the court may
| 2 | | stay enforcement of the registered order, continue the
| 3 | | proceeding to permit production of additional relevant
| 4 | | evidence, and issue other appropriate orders. An uncontested
| 5 | | portion of the registered administrative support order may be
| 6 | | enforced by all remedies available under State law. | 7 | | (k) If a contesting party does not establish a defense
| 8 | | under subsection (i) to the enforcement of the
administrative | 9 | | support order, the court shall issue an order
confirming the | 10 | | administrative support order. Confirmation of
the registered | 11 | | administrative support order, whether by operation of law or | 12 | | after notice and hearing, precludes further
contest of the | 13 | | order with respect to any matter that could have
been asserted | 14 | | at the time of registration. Upon confirmation,
the registered | 15 | | administrative support order shall be treated in
the same | 16 | | manner as a support order entered by the circuit court,
| 17 | | including the ability of the court to entertain a petition to
| 18 | | modify the administrative support order due to a substantial
| 19 | | change in circumstances, or petitions for visitation or custody
| 20 | | of the child or children covered by the administrative support
| 21 | | order. Nothing in this Section shall be construed to alter the
| 22 | | effect of a final administrative support order, or the | 23 | | restriction
of judicial review of such a final order to the | 24 | | provisions of the
Administrative Review Law, as provided in | 25 | | Section 10-11 of this Code.
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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