Illinois General Assembly - Full Text of HB1485
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Full Text of HB1485  99th General Assembly


Rep. La Shawn K. Ford

Filed: 3/10/2015





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2    AMENDMENT NO. ______. Amend House Bill 1485 on page 1, line
35, after "10-14.1", by inserting "and 10-15.1"; and
4on page 2, by inserting immediately below line 14 the
6    "(305 ILCS 5/10-15.1)
7    Sec. 10-15.1. Judicial registration of administrative
8support orders and administrative paternity orders.
9    (a) A final administrative support order or a final
10administrative paternity order, excluding a voluntary
11acknowledgement or denial of paternity that is governed by
12other provisions of this Code, the Illinois Parentage Act of
131984, and the Vital Records Act, established by the Illinois
14Department under this Article X may be registered in the
15appropriate circuit court of this State by the Department or by
16a party to the order by filing:



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1        (1) Two copies, including one certified copy of the
2    order to be registered, any modification of the
3    administrative support order, any voluntary acknowledgment
4    of paternity pertaining to the child covered by the order,
5    and the documents showing service of the notice of support
6    obligation that commenced the procedure for establishment
7    of the administrative support order or the administrative
8    paternity order pursuant to Section 10-4 of this Code.
9        (2) A sworn statement by the person requesting
10    registration or a certified copy of the Department payment
11    record showing the amount of any past due support accrued
12    under the administrative support order.
13        (3) The name of the obligor and, if known, the
14    obligor's address and social security number.
15        (4) The name of the obligee and the obligee's address,
16    unless the obligee alleges in an affidavit or pleading
17    under oath that the health, safety, or liberty of the
18    obligee or child would be jeopardized by disclosure of
19    specific identifying information, in which case that
20    information must be sealed and may not be disclosed to the
21    other party or public. After a hearing in which the court
22    takes into consideration the health, safety, or liberty of
23    the party or child, the court may order disclosure of
24    information that the court determines to be in the interest
25    of justice.
26    (b) The filing of an administrative support order or an



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1administrative paternity order under subsection (a)
2constitutes registration with the circuit court.
3    (c) (Blank).
4    (c-5) Every notice of registration must be accompanied by a
5copy of the registered administrative support order or the
6registered administrative paternity order and the documents
7and relevant information accompanying the order pursuant to
8subsection (a).
9    (d) (Blank).
10    (d-5) The registering party shall serve notice of the
11registration on the other party by first class mail, unless the
12administrative support order or the administrative paternity
13order was entered by default or the registering party is also
14seeking an affirmative remedy. The registering party shall
15serve notice on the Department in all cases by first class
17        (1) If the administrative support order or the
18    administrative paternity order was entered by default
19    against the obligor, the obligor must be served with the
20    registration by any method provided by law for service of
21    summons.
22        (2) If a petition or comparable pleading seeking an
23    affirmative remedy is filed with the registration, the
24    non-moving party must be served with the registration and
25    the affirmative pleading by any method provided by law for
26    service of summons.



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1    (e) A notice of registration of an administrative support
2order or an administrative paternity order must provide the
3following information:
4        (1) That a registered administrative order is
5    enforceable in the same manner as an order for support or
6    an order for paternity issued by the circuit court.
7        (2) That a hearing to contest enforcement of the
8    registered administrative support order or the registered
9    administrative paternity order must be requested within 30
10    days after the date of service of the notice.
11        (3) That failure to contest, in a timely manner, the
12    enforcement of the registered administrative support order
13    or the registered administrative paternity order shall
14    result in confirmation of the order and enforcement of the
15    order and the alleged arrearages and precludes further
16    contest of that order with respect to any matter that could
17    have been asserted.
18        (4) The amount of any alleged arrearages.
19    (f) A nonregistering party seeking to contest enforcement
20of a registered administrative support order or a registered
21administrative paternity order shall request a hearing within
2230 days after the date of service of notice of the
23registration. The nonregistering party may seek to vacate the
24registration, to assert any defense to an allegation of
25noncompliance with the registered administrative support order
26or the registered administrative paternity order, or to contest



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1the remedies being sought or the amount of any alleged
3    (g) If the nonregistering party fails to contest the
4enforcement of the registered administrative support order or
5the registered administrative paternity order in a timely
6manner, the order shall be confirmed by operation of law.
7    (h) If a nonregistering party requests a hearing to contest
8the enforcement of the registered administrative support order
9or the registered administrative paternity order, the circuit
10court shall schedule the matter for hearing and give notice to
11the parties and the Illinois Department of the date, time, and
12place of the hearing.
13    (i) A party contesting the enforcement of a registered
14administrative support order or a registered administrative
15paternity order or seeking to vacate the registration has the
16burden of proving one or more of the following defenses:
17        (1) The Illinois Department lacked personal
18    jurisdiction over the contesting party.
19        (2) The administrative support order or the
20    administrative paternity order was obtained by fraud.
21        (3) The administrative support order or the
22    administrative paternity order has been vacated,
23    suspended, or modified by a later order.
24        (4) The Illinois Department has stayed the
25    administrative support order or the administrative
26    paternity order pending appeal.



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1        (5) There is a defense under the law to the remedy
2    sought.
3        (6) Full or partial payment has been made.
4    (j) If a party presents evidence establishing a full or
5partial payment defense under subsection (i), the court may
6stay enforcement of the registered order, continue the
7proceeding to permit production of additional relevant
8evidence, and issue other appropriate orders. An uncontested
9portion of the registered administrative support order or the
10registered administrative paternity order may be enforced by
11all remedies available under State law.
12    (k) If a contesting party does not establish a defense
13under subsection (i) to the enforcement of the administrative
14support order or the administrative paternity order, the court
15shall issue an order confirming the administrative support
16order or the administrative paternity order. Confirmation of
17the registered administrative support order or the
18administrative paternity order, whether by operation of law or
19after notice and hearing, precludes further contest of the
20order with respect to any matter that could have been asserted
21at the time of registration. Upon confirmation, the registered
22administrative support order or the administrative paternity
23order shall be treated in the same manner as a support order or
24a paternity order entered by the circuit court, including the
25ability of the court to entertain a petition to modify the
26administrative support order due to a substantial change in



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1circumstances or a petition to modify the administrative
2paternity order due to clear and convincing evidence regarding
3paternity, or petitions for visitation or custody of the child
4or children covered by the administrative support order or the
5administrative paternity order. Nothing in this Section shall
6be construed to alter the effect of a final administrative
7support order or a final administrative paternity order, or the
8restriction of judicial review of such a final order to the
9provisions of the Administrative Review Law, as provided in
10Sections Section 10-11 and 10-17.7 of this Code.
11(Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.)".