Full Text of HB4447 99th General Assembly
HB4447 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4447 Introduced 1/15/2016, by Rep. Kelly Burke SYNOPSIS AS INTRODUCED: |
| 750 ILCS 46/103 | | 750 ILCS 46/201 | | 750 ILCS 46/204 | | 750 ILCS 46/205 | | 750 ILCS 46/301 | | 750 ILCS 46/302 | | 750 ILCS 46/304 | | 750 ILCS 46/501 | | 750 ILCS 46/502 | | 750 ILCS 46/602 | | 750 ILCS 46/604 | | 750 ILCS 46/610 | | 750 ILCS 46/611 | | 750 ILCS 46/622 | | 750 ILCS 46/802 | | 750 ILCS 46/803 | | 750 ILCS 46/805 | | 750 ILCS 46/808 | | 750 ILCS 46/809 | |
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Amends the Illinois Parentage Act of 2015. Makes numerous changes in provisions concerning: definitions; the establishment of the parent-child relationship; presumption of parentage; proceedings to declare the non-existence of the parent-child relationship; voluntary acknowledgment; rules for acknowledgment and denial of parentage; temporary orders; injunctive relief; standing; venue; genetic testing; joinder of proceedings; men who father through sexual assault or sexual abuse; judgment; the provision of information to the State Case Registry; enforcement; modification; and the right to counsel.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Parentage Act of 2015 is amended by | 5 | | changing Sections 103, 201, 204, 205, 301, 302, 304, 501, 502, | 6 | | 602, 604, 610, 611, 622, 802, 803, 805, 808, and 809 as | 7 | | follows: | 8 | | (750 ILCS 46/103)
| 9 | | Sec. 103. Definitions. In this Act: | 10 | | (a) "Acknowledged father" means a man who has established a | 11 | | father-child relationship under Article 3.
| 12 | | (b) "Adjudicated father" means a man who has been | 13 | | adjudicated by a court of competent jurisdiction, or as | 14 | | authorized under Article X of the Illinois Public Aid Code, to | 15 | | be the father of a child.
| 16 | | (c) "Alleged father" means a man who alleges himself to be, | 17 | | or is alleged to be, the biological father or a possible | 18 | | biological father of a child, but whose paternity has not been | 19 | | established. 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). |
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| 1 | | (e) "Child" means an individual of any age whose parentage | 2 | | may be established under this Act.
| 3 | | (f) "Combined paternity index" means the likelihood of | 4 | | paternity 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 | 16 | | an adjudication of parentage in the circuit court of this | 17 | | State.
| 18 | | (h) "Determination of parentage" means the establishment | 19 | | of the parent-child relationship by the signing of a voluntary | 20 | | acknowledgment under Article 3 of this Act or adjudication by | 21 | | the court or as authorized under Article X of the Illinois | 22 | | Public Aid Code.
| 23 | | (i) (Reserved). | 24 | | (j) "Ethnic or racial group" means, for purposes of genetic | 25 | | testing, a recognized group that an individual identifies as | 26 | | all or part of the individual's ancestry or that is so |
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| 1 | | identified by other information.
| 2 | | (k) "Gamete" means either a sperm or an egg.
| 3 | | (l) "Genetic testing" means an analysis of genetic markers | 4 | | to exclude or identify a man as the father or a woman as the | 5 | | mother of a child as provided in Article 4 of this Act.
| 6 | | (l-5) "Gestational surrogacy" means the process by which a | 7 | | woman attempts to carry and give birth to a child created | 8 | | through in vitro fertilization in which the gestational | 9 | | surrogate has no genetic connection to any resulting child. | 10 | | (m) "Gestational surrogate mother " means a an adult woman | 11 | | who is not an intended parent and agrees to engage in a | 12 | | gestational surrogacy arrangement gives birth to a child | 13 | | pursuant to the terms of a valid gestational surrogacy | 14 | | arrangement under the Gestational Surrogacy Act contract .
| 15 | | (m-5) "Intended parent" means a person who enters into an | 16 | | assisted reproductive technology arrangement, including a | 17 | | gestational surrogacy arrangement, under which he or she will | 18 | | be the legal parent of the resulting child. | 19 | | (n) "Parent" means an individual who has established a | 20 | | parent-child relationship under Section 201 of this Act.
| 21 | | (o) "Parent-child relationship" means the legal | 22 | | relationship between a child and a parent of the child. | 23 | | (p) "Presumed parent" means an individual who, by operation | 24 | | of law under Section 204 of this Act, is recognized as the | 25 | | parent of a child until that status is rebutted or confirmed in | 26 | | a judicial or administrative proceeding.
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| 1 | | (q) "Probability of paternity" means the measure, for the | 2 | | ethnic or racial group to which the alleged father belongs, of | 3 | | the probability that the man in question is the father of the | 4 | | child, compared with a random, unrelated man of the same ethnic | 5 | | or racial group, expressed as a percentage incorporating the | 6 | | combined paternity index and a prior probability.
| 7 | | (r) "Record" means information that is inscribed on a | 8 | | tangible medium or that is stored in an electronic or other | 9 | | medium and is retrievable in perceivable form.
| 10 | | (s) "Signatory" means an individual who authenticates a | 11 | | record and is bound by its terms.
| 12 | | (t) "State" means a state of the United States, the | 13 | | District of Columbia, Puerto Rico, the United States Virgin | 14 | | Islands, or any territory or insular possession subject to the | 15 | | jurisdiction of the United States.
| 16 | | (u) "Substantially similar legal relationship" means a | 17 | | relationship recognized in this State under Section 60 of the | 18 | | Illinois Religious Freedom Protection and Civil Union Act. | 19 | | (v) "Support-enforcement agency" means a public official | 20 | | or agency authorized to seek:
| 21 | | (1) enforcement of support orders or laws relating to | 22 | | the duty of support;
| 23 | | (2) establishment or modification of child support;
| 24 | | (3) determination of parentage; or
| 25 | | (4) location of child-support obligors and their | 26 | | income and assets.
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| 1 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 2 | | (750 ILCS 46/201)
| 3 | | Sec. 201. Establishment of parent-child relationship. | 4 | | (a) The parent-child relationship is established between a | 5 | | woman and a child by:
| 6 | | (1) the woman having given birth to the child, except | 7 | | as otherwise provided in the Gestational Surrogacy Act a | 8 | | valid gestational surrogacy contract ; | 9 | | (2) an adjudication of the woman's parentage; | 10 | | (3) adoption of the child by the woman; | 11 | | (4) a valid gestational surrogacy arrangement that | 12 | | complies with the contract under the Gestational Surrogacy | 13 | | Act or other law; or | 14 | | (5) an unrebutted presumption of the woman's parentage | 15 | | of the child under Section 204 of this Act. | 16 | | (b) The parent-child relationship is established between a | 17 | | man and a child by:
| 18 | | (1) an unrebutted presumption of the man's parentage of | 19 | | the child under Section 204 of this Act;
| 20 | | (2) an effective voluntary acknowledgment of paternity | 21 | | by the man under Article 3 of this Act, unless the | 22 | | acknowledgment has been rescinded or successfully | 23 | | challenged;
| 24 | | (3) an adjudication of the man's parentage;
| 25 | | (4) adoption of the child by the man; or |
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| 1 | | (5) a valid gestational surrogacy arrangement that | 2 | | complies with the contract under the Gestational Surrogacy | 3 | | Act or other law. | 4 | | (c) Insofar as practicable, the provisions of this Act | 5 | | applicable to parent-child relationships shall apply equally | 6 | | to men and women as parents, including, but not limited to, the | 7 | | obligation to support.
| 8 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 9 | | (750 ILCS 46/204)
| 10 | | Sec. 204. Presumption of parentage. | 11 | | (a) A person is presumed to be the parent of a child if:
| 12 | | (1) the person and the mother of the child have entered | 13 | | into a marriage, civil union, or substantially similar | 14 | | legal relationship, and the child is born to the mother | 15 | | during the marriage, civil union, or substantially similar | 16 | | legal relationship, except as provided in the Gestational | 17 | | Surrogacy Act by a valid gestational surrogacy contract, or | 18 | | other law; | 19 | | (2) the person and the mother of the child were in a | 20 | | marriage, civil union, or substantially similar legal | 21 | | relationship and the child is born to the mother within 300 | 22 | | days after the marriage, civil union, or substantially | 23 | | similar legal relationship is terminated by death, | 24 | | declaration of invalidity of marriage, judgment for | 25 | | dissolution of marriage, civil union, or substantially |
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| 1 | | similar legal relationship, or after a judgment for legal | 2 | | separation, except as provided in the Gestational | 3 | | Surrogacy Act by a valid gestational surrogacy contract, or | 4 | | other law; | 5 | | (3) before the birth of the child, the person and the | 6 | | mother of the child entered into a marriage, civil union, | 7 | | or substantially similar legal relationship in apparent | 8 | | compliance with law, even if the attempted marriage, civil | 9 | | union, or substantially similar legal relationship is or | 10 | | could be declared invalid, and the child is born during the | 11 | | invalid marriage, civil union, or substantially similar | 12 | | legal relationship or within 300 days after its termination | 13 | | by death, declaration of invalidity of marriage, judgment | 14 | | for dissolution of marriage, civil union, or substantially | 15 | | similar legal relationship, or after a judgment for legal | 16 | | separation, except as provided in the Gestational | 17 | | Surrogacy Act by a valid gestational surrogacy contract, or | 18 | | other law;
or | 19 | | (4) after the child's birth, the person and the child's | 20 | | mother have entered into a marriage, civil union, or | 21 | | substantially similar legal relationship, even if the | 22 | | marriage, civil union, or substantially similar legal | 23 | | relationship is or could be declared invalid, and the | 24 | | person is named, with the person's written consent, as the | 25 | | child's parent on the child's birth certificate. | 26 | | (b) If 2 or more conflicting presumptions arise under this |
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| 1 | | Section, the presumption which on the facts is founded on the | 2 | | weightier considerations of policy and logic, especially the | 3 | | policy of promoting the child's best interests, controls.
| 4 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 5 | | (750 ILCS 46/205)
| 6 | | Sec. 205. Proceedings to declare the non-existence of the | 7 | | parent-child relationship.
| 8 | | (a) An action to declare the non-existence of the | 9 | | parent-child relationship may be brought by the child, the | 10 | | birth mother, or a person presumed to be a parent under Section | 11 | | 204 of this Act. Actions brought by the child, the birth | 12 | | mother, or a presumed parent shall be brought by verified | 13 | | complaint, which shall be designated a petition.
After a | 14 | | presumption under Section 204 of this Act has been rebutted, | 15 | | parentage of the child by another man or woman may be | 16 | | established in the same action, if he or she has been made a | 17 | | party. | 18 | | (b) An action to declare the non-existence of the | 19 | | parent-child relationship brought under subsection (a) of this | 20 | | Section shall be barred if brought later than 2 years after the | 21 | | petitioner knew or should have known of the relevant facts. The | 22 | | 2-year period for bringing an action to declare the | 23 | | non-existence of the parent-child relationship shall not | 24 | | extend beyond the date on which the child reaches the age of 18 | 25 | | years. Failure to bring an action within 2 years shall not bar |
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| 1 | | any party from asserting a defense in any action to declare the | 2 | | existence of the parent-child relationship. | 3 | | (c) An action to declare the non-existence of the | 4 | | parent-child relationship may be brought subsequent to an | 5 | | adjudication of parentage in any judgment by the man | 6 | | adjudicated to be the parent pursuant to a presumption in | 7 | | paragraphs (a)(1) through (a)(4) of Section 204 if, as a result | 8 | | of deoxyribonucleic acid (DNA) testing, it is discovered that | 9 | | the man adjudicated to be the parent is not the father of the | 10 | | child. Actions brought by the adjudicated father shall be | 11 | | brought by
verified petition. If, as a result of the | 12 | | deoxyribonucleic acid (DNA) testing that is admissible under | 13 | | Section 614 of this Act, the petitioner is determined not to be | 14 | | the father of the child, the adjudication of paternity and any | 15 | | orders regarding the allocation of parental responsibilities | 16 | | custody , parenting time, and future payments of support may be | 17 | | vacated. | 18 | | (d) An action to declare the non-existence of the | 19 | | parent-child relationship brought under subsection (c) of this | 20 | | Section shall be barred if brought more than 2 years after the | 21 | | petitioner obtains actual knowledge of relevant facts. The | 22 | | 2-year period shall not apply to periods of time where the | 23 | | birth mother or the child refuses to submit to deoxyribonucleic | 24 | | acid (DNA) testing. The 2-year period for bringing an action to | 25 | | declare the non-existence of the parent-child relationship | 26 | | shall not extend beyond the date on which the child reaches the |
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| 1 | | age of 18 years.
| 2 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 3 | | (750 ILCS 46/301)
| 4 | | Sec. 301. Voluntary acknowledgment. A parent-child | 5 | | relationship may be established voluntarily by the signing and | 6 | | witnessing of a voluntary acknowledgment in accordance with | 7 | | Section 12 of the Vital Records Act and Section 10-17.7 of the | 8 | | Illinois Public Aid Code. The voluntary acknowledgment shall | 9 | | contain the last four digits of the social security numbers or | 10 | | tax identification numbers of the persons signing the voluntary | 11 | | acknowledgment; however, failure to include the social | 12 | | security numbers of the persons signing a voluntary | 13 | | acknowledgment does not invalidate the voluntary | 14 | | acknowledgment.
| 15 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 16 | | (750 ILCS 46/302)
| 17 | | Sec. 302. Execution of voluntary acknowledgment. | 18 | | (a) A voluntary acknowledgment described in Section 301 of | 19 | | this Act must:
| 20 | | (1) be in a record;
| 21 | | (2) be signed, or otherwise authenticated, under | 22 | | penalty of perjury by the mother and by the man seeking to | 23 | | establish his parentage;
| 24 | | (3) state that the child whose parentage is being |
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| 1 | | acknowledged:
| 2 | | (A) does not have a presumed parent, or has a | 3 | | presumed parent whose full name is stated; and
| 4 | | (B) does not have another acknowledged or | 5 | | adjudicated parent;
| 6 | | (4) be witnessed; and
| 7 | | (5) state that the signatories understand that the | 8 | | acknowledgment is the equivalent of a judicial | 9 | | adjudication of parentage of the child and that a challenge | 10 | | to the acknowledgment may be is permitted only under | 11 | | limited circumstances that must include a showing of fraud, | 12 | | duress, or material mistake of fact and is barred after 2 | 13 | | years .
| 14 | | (b) An acknowledgment is void if it:
| 15 | | (1) states that another person is a presumed parent, | 16 | | unless a denial signed or otherwise authenticated by the | 17 | | presumed parent is filed with the Department of Healthcare | 18 | | and Family Services, as provided by law;
| 19 | | (2) states that another person is an acknowledged or | 20 | | adjudicated parent; or
| 21 | | (3) falsely denies the existence of a presumed, | 22 | | acknowledged, or adjudicated parent of the child.
| 23 | | (c) A presumed father may sign or otherwise authenticate an | 24 | | acknowledgment.
| 25 | | (Source: P.A. 99-85, eff. 1-1-16 .) |
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| 1 | | (750 ILCS 46/304)
| 2 | | Sec. 304. Rules for acknowledgment and denial of parentage. | 3 | | (a) An acknowledgment as described in Section 301 of this | 4 | | Act and a denial may be contained in a single document or may | 5 | | be signed in counterparts, and may be filed separately or | 6 | | simultaneously. If the acknowledgment and denial are both | 7 | | necessary, neither is valid until both are filed.
| 8 | | (b) An acknowledgment or a denial may be signed before the | 9 | | birth of the child.
| 10 | | (c) Subject to subsection (a), an acknowledgment or denial | 11 | | takes effect on the birth of the child or the filing of the | 12 | | document with the Department of Healthcare and Family Services, | 13 | | as provided by law , whichever occurs later .
| 14 | | (d) An acknowledgment or denial signed by a minor is valid | 15 | | if it is otherwise in compliance with this Act.
| 16 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 17 | | (750 ILCS 46/501)
| 18 | | Sec. 501. Temporary orders. | 19 | | (a) On a motion by a party and a showing of clear and | 20 | | convincing evidence of parentage, the court shall issue a | 21 | | temporary order for support of a child if the order is | 22 | | appropriate and the individual ordered to pay support is:
| 23 | | (1) a presumed parent of the child;
| 24 | | (2) petitioning to have parentage adjudicated;
| 25 | | (3) identified as the father through genetic testing |
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| 1 | | under Article 4 of this Act;
| 2 | | (4) an alleged father who has declined to submit to | 3 | | genetic testing;
| 4 | | (5) shown by clear and convincing evidence to be the | 5 | | child's father;
| 6 | | (6) the mother of the child; or
| 7 | | (7) anyone else determined to be the child's parent.
| 8 | | In determining the amount of a temporary child support | 9 | | award, the court shall use the guidelines and standards set | 10 | | forth in Sections 505 and 505.2 of the Illinois Marriage and | 11 | | Dissolution of Marriage Act.
| 12 | | (b) A temporary order may include provisions for the | 13 | | allocation of parental responsibilities custody and parenting | 14 | | time as provided by the Illinois Marriage and Dissolution of | 15 | | Marriage Act.
A temporary order may, in accordance with the | 16 | | provisions of subsection (a) of Section 508 of the Illinois | 17 | | Marriage and Dissolution of Marriage Act that relate to | 18 | | proceedings other than pre-judgment dissolution proceedings, | 19 | | include an award for interim attorney's fees and costs. | 20 | | (c) Temporary orders issued under this Section shall not | 21 | | have prejudicial effect with respect to final child support, | 22 | | the allocation of parental responsibilities custody , or | 23 | | parenting time orders.
| 24 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 25 | | (750 ILCS 46/502)
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| 1 | | Sec. 502. Injunctive relief. | 2 | | (a) In any action brought under this Act for the initial | 3 | | determination of parentage, the allocation of parental | 4 | | responsibilities custody or parenting time of a child , or for | 5 | | modification of a prior allocation order or judgment custody or | 6 | | parenting time order, the court, upon application of a party, | 7 | | may enjoin a party having physical possession or an allocation | 8 | | order or judgment custody of a child from temporarily | 9 | | relocating removing the child from this State pending the | 10 | | adjudication of the issues of parentage, the allocation of | 11 | | parental responsibilities custody , and parenting time. When | 12 | | deciding whether to enjoin relocation removal of a child, or to | 13 | | order a party to return the child to this State, the court | 14 | | shall consider factors including, but not limited to:
| 15 | | (1) the extent of previous involvement with the child | 16 | | by the party seeking to enjoin relocation removal or to | 17 | | have the absent party return the child to this State;
| 18 | | (2) the likelihood that parentage will be established; | 19 | | and
| 20 | | (3) the impact on the financial, physical, and | 21 | | emotional health of the party being enjoined from | 22 | | relocating removing the child or the party being ordered to | 23 | | return the child to this State.
| 24 | | (b) A temporary restraining order or preliminary | 25 | | injunction under this Act shall be governed by the relevant | 26 | | provisions of Part 1 of Article XI of the Code of Civil |
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| 1 | | Procedure. | 2 | | (c) Notwithstanding the provisions of subsection (a) of | 3 | | this Section, the court may decline to enjoin a domestic | 4 | | violence victim having physical possession or an allocation | 5 | | order or judgment custody of a child from temporarily or | 6 | | permanently relocating removing the child from this State | 7 | | pending an allocation of parental responsibilities the | 8 | | adjudication of issues of custody or an adjudication of | 9 | | parenting time. In determining whether a person is a domestic | 10 | | violence victim, the court shall consider the following | 11 | | factors:
| 12 | | (1) a sworn statement by the person that the person has | 13 | | good reason to believe that he or she is the victim of | 14 | | domestic violence or stalking;
| 15 | | (2) a sworn statement that the person fears for his or | 16 | | her safety or the safety of his or her children;
| 17 | | (3) evidence from police, court, or other government | 18 | | agency records or files;
| 19 | | (4) documentation from a domestic violence program if | 20 | | the person is alleged to be a victim of domestic violence;
| 21 | | (5) documentation from a legal, clerical, medical, or | 22 | | other professional from whom the person has sought | 23 | | assistance in dealing with the alleged domestic violence; | 24 | | and
| 25 | | (6) any other evidence that supports the sworn | 26 | | statements, such as a statement from any other individual |
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| 1 | | with knowledge of the circumstances that provides the basis | 2 | | for the claim, or physical evidence of the domestic | 3 | | violence.
| 4 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 5 | | (750 ILCS 46/602)
| 6 | | Sec. 602. Standing. A complaint to adjudicate parentage | 7 | | shall be verified, shall be designated a petition, and shall | 8 | | name the person or persons alleged to be the parent of the | 9 | | child. Subject to Article 3 and Sections 607, 608, and 609 of | 10 | | this Act, a proceeding to adjudicate parentage may be | 11 | | maintained by: | 12 | | (a) the child;
| 13 | | (b) the mother of the child;
| 14 | | (c) a pregnant woman; | 15 | | (d) a man presumed or alleging himself to be the parent | 16 | | of the child; | 17 | | (e) a woman presumed or alleging herself to be the | 18 | | parent of the child; | 19 | | (f) the support-enforcement agency or other | 20 | | governmental agency authorized by other law;
| 21 | | (g) any person or public agency that has been awarded | 22 | | physical possession of or the allocation of parental | 23 | | responsibilities for custody of , is providing financial | 24 | | support to, or has provided financial support to the child; | 25 | | (h) the Department of Healthcare and Family Services if |
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| 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 | 16 | | county of this State in which a party resides, or if the | 17 | | presumed or alleged father is deceased, in which a proceeding | 18 | | for probate or administration of the presumed or alleged | 19 | | father's estate has been commenced, or could be commenced. | 20 | | (b) A child custody proceeding for the allocation of | 21 | | parental responsibilities is commenced in the county where the | 22 | | child resides.
| 23 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 24 | | (750 ILCS 46/610)
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| 1 | | Sec. 610. Authority to deny motion for genetic testing. | 2 | | (a) In a proceeding in which to adjudicate the parentage of | 3 | | a child having a presumed, acknowledged, or adjudicated parent | 4 | | is at issue , the court may deny a motion by a parent, presumed | 5 | | parent, acknowledged parent, adjudicated parent, or alleged | 6 | | parent , or child representative seeking an order for genetic | 7 | | testing of the 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;
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| 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 | 22 | | Section, a minor or incapacitated child must be represented by | 23 | | a guardian ad litem, child's representative, or attorney for | 24 | | the child.
| 25 | | (c) If the court denies a motion seeking an order for | 26 | | genetic testing, it shall issue an order adjudicating the |
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| 1 | | presumed parent to be the parent of the child.
| 2 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 3 | | (750 ILCS 46/611)
| 4 | | Sec. 611. Joinder of proceedings. | 5 | | (a) Except as otherwise provided in subsection (b), a | 6 | | proceeding to adjudicate parentage may be joined with a | 7 | | proceeding for adoption, termination of parental rights, the | 8 | | allocation of parental responsibilities child custody or | 9 | | parenting time, child support, dissolution of marriage or civil | 10 | | union, declaration of invalidity of marriage or civil union, | 11 | | legal separation, probate or administration of an estate, or | 12 | | other appropriate proceeding.
| 13 | | (b) A respondent may not join a proceeding described in | 14 | | subsection (a) with a proceeding to adjudicate parentage | 15 | | brought under the Uniform Interstate Family Support Act.
| 16 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 17 | | (750 ILCS 46/622)
| 18 | | Sec. 622. Allocation of parental responsibilities or | 19 | | parenting time Custody or visitation prohibited to men who | 20 | | father through sexual assault or sexual abuse. | 21 | | (a) This Section applies to a person who has been found to | 22 | | be the father of a child under this Act and who: | 23 | | (1) has been convicted of or who has pled guilty or | 24 | | nolo contendere to a violation of Section 11-1.20 (criminal |
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| 1 | | sexual assault), Section 11-1.30 (aggravated criminal | 2 | | sexual assault), Section 11-1.40 (predatory criminal | 3 | | sexual assault of a child), Section 11-1.50 (criminal | 4 | | sexual abuse), Section 11-1.60 (aggravated criminal sexual | 5 | | abuse), Section 11-11 (sexual relations within families), | 6 | | Section 12-13 (criminal sexual assault), Section 12-14 | 7 | | (aggravated criminal sexual assault), Section 12-14.1 | 8 | | (predatory criminal sexual assault of a child), Section | 9 | | 12-15 (criminal sexual abuse), or Section 12-16 | 10 | | (aggravated criminal sexual abuse) of the Criminal Code of | 11 | | 1961 or the Criminal Code of 2012, or a similar statute in | 12 | | another jurisdiction, for his conduct in fathering that | 13 | | child; or | 14 | | (2) at a fact-finding hearing, is found by clear and | 15 | | convincing evidence to have committed an act of | 16 | | non-consensual sexual penetration for his conduct in | 17 | | fathering that child. | 18 | | (b) A person described in subsection (a) shall not be | 19 | | entitled to an allocation of any parental responsibilities | 20 | | custody of or parenting time visitation with that child without | 21 | | the consent of the child's mother or guardian. If the person | 22 | | described in subsection (a) is also the guardian of the child, | 23 | | he does not have the authority to consent to parenting time | 24 | | visitation or the allocation of parental responsibilities | 25 | | custody under this Section. If the mother of the child is a | 26 | | minor, and the person described in subsection (a) is also the |
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| 1 | | father or guardian of the mother, then he does not have the | 2 | | authority to consent to the allocation of parental | 3 | | responsibilities or parenting time custody or visits . | 4 | | (c) Notwithstanding any other provision of this Act, | 5 | | nothing in this Section shall be construed to relieve the | 6 | | father described in subsection (a) of any support and | 7 | | maintenance obligations to the child under this Act. The | 8 | | child's mother or guardian may decline support and maintenance | 9 | | obligations from the father. | 10 | | (d) Notwithstanding any other provision of law, the father | 11 | | described in subsection (a) of this Section is not entitled to | 12 | | any inheritance or other rights from the child without the | 13 | | consent of the child's mother or guardian.
| 14 | | (e) Notwithstanding any provision of the Illinois Marriage | 15 | | and Dissolution of Marriage Act, the parent, grandparent, | 16 | | great-grandparent, or sibling of the person described in | 17 | | subsection (a) of this Section does not have standing to bring | 18 | | an action requesting the allocation of parental | 19 | | responsibilities custody or parenting time visitation with the | 20 | | child without the consent of the child's mother or guardian. | 21 | | (f) A petition under this Section may be filed by the | 22 | | child's mother or guardian either as an affirmative petition in | 23 | | circuit court or as an affirmative defense in any proceeding | 24 | | filed by the person described in subsection (a) of this Section | 25 | | regarding the child.
| 26 | | (Source: P.A. 99-85, eff. 1-1-16 .) |
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| 1 | | (750 ILCS 46/802)
| 2 | | Sec. 802. Judgment. | 3 | | (a) The court shall issue an order adjudicating whether a | 4 | | person alleged or claiming to be the parent is the parent of | 5 | | the child. An order adjudicating parentage must identify the | 6 | | child by name initials and date year of birth. | 7 | | The court may assess filing fees, reasonable attorney's | 8 | | fees, fees for genetic testing, other costs, necessary travel | 9 | | expenses, and other reasonable expenses incurred in a | 10 | | proceeding under this Act. The court may award attorney's fees, | 11 | | which may be paid directly to the attorney, who may enforce the | 12 | | order in the attorney's own name. The court may not assess | 13 | | fees, costs, or expenses against the support-enforcement | 14 | | agency of this State or another state, except as provided by | 15 | | other law. | 16 | | The judgment shall contain or explicitly reserve | 17 | | provisions concerning any duty and amount of child support and | 18 | | may contain provisions concerning the allocation of parental | 19 | | responsibilities or custody and guardianship of the child, | 20 | | parenting time privileges with the child, and the furnishing of | 21 | | bond or other security for the payment of the judgment, which | 22 | | the court shall determine in accordance with the relevant | 23 | | factors set forth in the Illinois Marriage and Dissolution of | 24 | | Marriage Act and any other applicable law of
this State, to | 25 | | guide the court in a finding in the best interests of the |
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| 1 | | child. In determining the allocation of parental | 2 | | responsibilities, relocation custody, joint custody, removal , | 3 | | parenting time, parenting time interference, support for a | 4 | | non-minor disabled child, educational expenses for a non-minor | 5 | | child, and related post-judgment issues, the court shall apply | 6 | | the relevant standards of the Illinois Marriage and Dissolution | 7 | | of Marriage Act. Specifically, in determining the amount of a | 8 | | child support award, the court shall use the guidelines and | 9 | | standards set forth in subsection (a) of Section 505 and in | 10 | | Section 505.2 of the Illinois Marriage and Dissolution of | 11 | | Marriage Act.
The court shall order all child support payments, | 12 | | determined in accordance with such guidelines, to commence with | 13 | | the date summons is served. The level of current periodic | 14 | | support payments shall not be reduced because of payments set | 15 | | for the period prior to the date of entry of the support order. | 16 | | (b) In an action brought within 2 years after a child's | 17 | | birth, the judgment or order may direct either parent to pay | 18 | | the reasonable expenses incurred by either parent or the | 19 | | Department of Healthcare and Family Services related to the | 20 | | mother's pregnancy and the delivery of the child. | 21 | | (c) If a judgment of parentage contains no explicit | 22 | | allocation of parental responsibilities award of custody , the | 23 | | establishment of a child support obligation or the granting of | 24 | | parenting time to rights in one parent shall be considered a | 25 | | judgment allocating all parental responsibilities granting | 26 | | custody to the other parent. If the parentage judgment contains |
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| 1 | | no such provisions, all parental responsibilities custody | 2 | | shall be presumed to be allocated to with the mother; however, | 3 | | the presumption shall not apply if the father has had physical | 4 | | possession of the child custody for at least 6 months prior to | 5 | | the date that the mother seeks to enforce the judgment of | 6 | | parentage custodial rights . | 7 | | (d) The court, if necessary to protect and promote the best | 8 | | interests of the child, may set aside a portion of the | 9 | | separately held estates of the parties in a separate fund or | 10 | | trust for the support, education, physical and mental health, | 11 | | and general welfare of a minor or mentally or physically | 12 | | disabled child of the parties. | 13 | | (e) The court may order child support payments to be made | 14 | | for a period prior to the commencement of the action. In | 15 | | determining whether and to what extent the payments shall be | 16 | | made for the prior period, the court shall consider all | 17 | | relevant facts, including but not limited to:
| 18 | | (1) The factors for determining the amount of support | 19 | | specified in the Illinois Marriage and Dissolution of | 20 | | Marriage Act. | 21 | | (2) The father's prior knowledge of the fact and | 22 | | circumstances of the child's birth.
| 23 | | (3) The father's prior willingness or refusal to help | 24 | | raise or support the child.
| 25 | | (4) The extent to which the mother or the public agency | 26 | | bringing the action previously informed the father of the |
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| 1 | | child's needs or attempted to seek or require his help in | 2 | | raising or supporting the child.
| 3 | | (5) The reasons the mother or the public agency did not | 4 | | file the action earlier.
| 5 | | (6) The extent to which the father would be prejudiced | 6 | | by the delay in bringing the action. | 7 | | For purposes of determining the amount of child support to | 8 | | be paid for the period before the date the order for current | 9 | | child support is entered, there is a rebuttable presumption | 10 | | that the father's net income for the prior period was the same | 11 | | as his net income at the time the order for current child | 12 | | support is entered. | 13 | | If (i) the non-custodial parent was properly served with a | 14 | | request for discovery of financial information relating to the | 15 | | non-custodial parent's ability to provide child support; (ii) | 16 | | the non-custodial parent failed to comply with the request, | 17 | | despite having been ordered to do so by the court; and (iii) | 18 | | the non-custodial parent is not present at the hearing to | 19 | | determine support despite having received proper notice, then | 20 | | any relevant financial information concerning the | 21 | | non-custodial parent's ability to provide child support that | 22 | | was obtained pursuant to subpoena and proper notice shall be | 23 | | admitted into evidence without the need to establish any | 24 | | further foundation for its admission.
| 25 | | (f) A new or existing support order entered by the court | 26 | | under this Section shall be deemed to be a series of judgments |
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| 1 | | against the person obligated to pay support thereunder, each | 2 | | judgment to be in the amount of each payment or installment of | 3 | | support and each judgment to be deemed entered as of the date | 4 | | the corresponding payment or installment becomes due under the | 5 | | terms of the support order. Each judgment shall have the full | 6 | | force, effect, and attributes of any other judgment of this | 7 | | State, including the ability to be enforced. A judgment under | 8 | | this Section is subject to modification or termination only in | 9 | | accordance with Section 510 of the Illinois Marriage and | 10 | | Dissolution of Marriage Act. Notwithstanding any State or local | 11 | | law to the contrary, a lien arises by operation of law against | 12 | | the real and personal property of the noncustodial parent for | 13 | | each installment of overdue support owed by the noncustodial | 14 | | parent.
| 15 | | (g) If the judgment or order of the court is at variance | 16 | | with the child's birth certificate, the court shall order that | 17 | | a new birth certificate be issued under the Vital Records Act.
| 18 | | (h) On the request of both parents, the court shall order a | 19 | | change in the child's name.
| 20 | | (i) After hearing evidence, the court may stay payment of | 21 | | support during the period of the father's minority or period of | 22 | | disability.
| 23 | | (j) If, upon a showing of proper service, the father fails | 24 | | to appear in court or otherwise appear as provided by law, the | 25 | | court may proceed to hear the cause upon testimony of the | 26 | | mother or other parties taken in open court and shall enter a |
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| 1 | | judgment by default. The court may reserve any order as to the | 2 | | amount of child support until the father has received notice, | 3 | | by regular mail, of a hearing on the matter.
| 4 | | (k) An order for support, when entered or modified, shall | 5 | | include a provision requiring the non-custodial parent to | 6 | | notify the court and, in cases in which a party is receiving | 7 | | child support enforcement services under Article X of the | 8 | | Illinois Public Aid Code, the Department of Healthcare and | 9 | | Family Services, within 7 days: (i) of the name and address of | 10 | | any new employer of the non-custodial parent; (ii) whether the | 11 | | non-custodial parent has access to health insurance coverage | 12 | | through the employer or other group coverage and, if so, of the | 13 | | policy name and number and the names of adults and initials of | 14 | | minors covered under the policy; and (iii) of any new | 15 | | residential or mailing address or telephone number of the | 16 | | non-custodial parent. In a subsequent action to enforce a | 17 | | support order, upon a sufficient showing that a diligent effort | 18 | | has been made to ascertain the location of the non-custodial | 19 | | parent, service of process or provision of notice necessary in | 20 | | the case may be made at the last known address of the | 21 | | non-custodial parent in any manner expressly provided by this | 22 | | Act or the Code of Civil Procedure, and shall be sufficient for | 23 | | purposes of due process.
| 24 | | (l) An order for support shall include a date on which the | 25 | | current support obligation terminates. The termination date | 26 | | shall be no earlier than the date on which the child covered by |
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| 1 | | the order will attain the age of 18. However, if the child will | 2 | | not graduate from high school until after attaining the age of | 3 | | 18, then the termination date shall be no earlier than the | 4 | | earlier of the date on which the child's high school graduation | 5 | | will occur or the date on which the child will attain the age | 6 | | of 19. The order for support shall state that the termination | 7 | | date does not apply to any arrearage that may remain unpaid on | 8 | | that date. Nothing in this subsection shall be construed to | 9 | | prevent the court from modifying the order or terminating the | 10 | | order in the event the child is otherwise emancipated.
| 11 | | (m) If there is an unpaid arrearage or delinquency (as | 12 | | those terms are defined in the Income Withholding for Support | 13 | | Act) equal to at least one month's support obligation on the | 14 | | termination date stated in the order for support or, if there | 15 | | is no termination date stated in the order, on the date the | 16 | | child attains the age of majority or is otherwise emancipated, | 17 | | the periodic amount required to be paid for current support of | 18 | | that child immediately prior to that date shall automatically | 19 | | continue to be an obligation, not as current support but as | 20 | | periodic payment toward satisfaction of the unpaid arrearage or | 21 | | delinquency. The periodic payment shall be in addition to any | 22 | | periodic payment previously required for satisfaction of the | 23 | | arrearage or delinquency. The total periodic amount to be paid | 24 | | toward satisfaction of the arrearage or delinquency may be | 25 | | enforced and collected by any method provided by law for | 26 | | enforcement and collection of child support, including but not |
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| 1 | | limited to income withholding under the Income Withholding for
| 2 | | Support Act. Each order for support entered or modified must | 3 | | contain a statement notifying the parties of the requirements | 4 | | of this subsection. Failure to include the statement in the | 5 | | order for support does not affect the validity of the order or | 6 | | the operation of the provisions of this subsection with regard | 7 | | to the order. This subsection shall not be construed to prevent | 8 | | or affect the establishment or modification of an order for | 9 | | support of a minor child or the establishment or modification | 10 | | of an order for support of a non-minor child or educational | 11 | | expenses under Section 513 of the Illinois Marriage and | 12 | | Dissolution of Marriage Act.
| 13 | | (n) An order entered under this Section shall include a | 14 | | provision requiring the obligor to report to the obligee and to | 15 | | the clerk of court within 7 days each time the obligor obtains | 16 | | new employment, and each time the obligor's employment is | 17 | | terminated for any reason. The report shall be in writing and | 18 | | shall, in the case of new employment, include the name and | 19 | | address of the new employer. Failure to report new employment | 20 | | or the termination of current employment, if coupled with | 21 | | nonpayment of support for a period in excess of 60 days, is | 22 | | indirect criminal contempt. For an obligor arrested for failure | 23 | | to report new employment, bond shall be set in the amount of | 24 | | the child support that should have been paid during the period | 25 | | of unreported employment. An order entered under this Section | 26 | | shall also include a provision requiring the obligor and |
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| 1 | | obligee parents to advise each other of a change in residence | 2 | | within 5 days of the change except when the court finds that | 3 | | the physical, mental, or emotional health of a party or that of | 4 | | a minor child, or both, would be seriously endangered by | 5 | | disclosure of the party's address.
| 6 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 7 | | (750 ILCS 46/803)
| 8 | | Sec. 803. Information to State Case Registry. | 9 | | (a) In this Section: | 10 | | "Order for support", "obligor", "obligee", and "business | 11 | | day" are defined as set forth in the Income Withholding for | 12 | | Support Act. | 13 | | "State Case Registry" means the State Case Registry | 14 | | established under Section 10-27 of the Illinois Public Aid | 15 | | Code.
| 16 | | (b) Each order for support entered or modified by the | 17 | | circuit court under this Act shall require that the obligor and | 18 | | obligee file with the clerk of the circuit court (i) the | 19 | | information required by this Section (and any other information | 20 | | required under Title IV, Part D of the Social Security Act or | 21 | | by the federal Department of Health and Human Services) at the | 22 | | time of entry or modification of the order for support; and | 23 | | (ii) updated information within 5 business days of any change. | 24 | | Failure of the obligor or obligee to file or update the | 25 | | required information shall be punishable as in cases of |
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| 1 | | contempt. The failure shall not prevent the court from entering | 2 | | or modifying the order for support, however.
| 3 | | (c) The obligor shall file the following information: the | 4 | | obligor's name, date year of birth, mailing address, and the | 5 | | last 4 digits of the obligor's social security number or tax | 6 | | identification number . If either the obligor or the obligee | 7 | | receives child support enforcement services from the | 8 | | Department of Healthcare and Family Services under Article X of | 9 | | the Illinois Public Aid Code, the obligor shall also file the | 10 | | following information: the obligor's telephone number, the | 11 | | last 4 digits of the obligor's driver's license number, | 12 | | residential address (if different from the obligor's mailing | 13 | | address), and the name, address, and telephone number of the | 14 | | obligor's employer or employers.
| 15 | | (d) The obligee shall file the following information:
| 16 | | (1) The name of the obligee and the name initials of | 17 | | the child or children covered by the order for support.
| 18 | | (2) The dates years of birth of the obligee and the | 19 | | child or children covered by the order for support.
| 20 | | (3) The last 4 digits of the social security numbers or | 21 | | tax identification numbers of the obligee and the child or | 22 | | children covered by the order for support.
| 23 | | (4) The obligee's mailing address.
| 24 | | (e) In cases in which the obligee receives child support | 25 | | enforcement services from the Department of Healthcare and | 26 | | Family Services under Article X of the Illinois Public Aid |
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| 1 | | Code, the order for support shall (i) require that the obligee | 2 | | file the information required under subsection (d) with the | 3 | | Department of Healthcare and Family Services for inclusion in | 4 | | the State Case Registry, rather than file the information with | 5 | | the clerk, and (ii) require that the obligee include the | 6 | | following additional information:
| 7 | | (1) The obligee's telephone and the last 4 digits of | 8 | | the obligee's driver's license number.
| 9 | | (2) The obligee's residential address, if different | 10 | | from the obligee's mailing address.
| 11 | | (3) The name, address, and telephone number of the | 12 | | obligee's employer or employers. | 13 | | The order for support shall also require that the obligee | 14 | | update the information filed with the Department of Healthcare | 15 | | and Family Services within 5 business days of any change.
| 16 | | (f) The clerk of the circuit court shall provide the | 17 | | information filed under this Section, together with the court | 18 | | docket number and county in which the order for support was | 19 | | entered, to the State Case Registry within 5 business days | 20 | | after receipt of the information.
| 21 | | (g) In a case in which a party is receiving child support | 22 | | enforcement services under Article X of the Illinois Public Aid | 23 | | Code, the clerk of the circuit court shall provide the | 24 | | following additional information to the State Case Registry | 25 | | within 5 business days after entry or modification of an order | 26 | | for support or request from the Department of Healthcare and |
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| 1 | | Family Services:
| 2 | | (1) the amount of monthly or other periodic support | 3 | | owed under the order for support and other amounts, | 4 | | including arrearage, interest, or late payment penalties | 5 | | and fees, due or overdue under the order; and | 6 | | (2) any amounts that have been received by the clerk, | 7 | | and the distribution of those amounts by the clerk.
| 8 | | (h) Information filed by the obligor and obligee under this | 9 | | Section that is not specifically required to be included in the | 10 | | body of an order for support under other laws is not a public | 11 | | record and shall be treated as confidential and subject to | 12 | | disclosure only in accordance with the provisions of this | 13 | | Section, Section 10-27 of the Illinois Public Aid Code, and | 14 | | Title IV, Part D of the Social Security Act.
| 15 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 16 | | (750 ILCS 46/805)
| 17 | | Sec. 805. Enforcement of judgment or order. | 18 | | (a) If the existence of the parent-child relationship is | 19 | | declared, or if parentage or a duty of support has been | 20 | | established under this Act or under prior law or under the law | 21 | | of any other jurisdiction, the judgment rendered thereunder may | 22 | | be enforced in the same or in other proceedings by any party or | 23 | | any person or agency that has furnished or may furnish | 24 | | financial assistance or services to the child. The Income | 25 | | Withholding for Support Act and Sections 802 and 808 of this |
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| 1 | | Act shall also be applicable with respect to the entry, | 2 | | modification, and enforcement of a support judgment entered | 3 | | under the Paternity Act, approved July 5, 1957 and repealed | 4 | | July 1, 1985.
| 5 | | (b) Failure to comply with an order of the court shall be | 6 | | punishable as contempt as in other cases of failure to comply | 7 | | under the Illinois Marriage and Dissolution of Marriage Act. In | 8 | | addition to other penalties provided by law, the court may, | 9 | | after finding the party guilty of contempt, take the following | 10 | | action:
| 11 | | (1) Order that the party be placed on probation with | 12 | | such conditions of
probation as the court deems advisable. | 13 | | (2) Order that the party be sentenced to periodic | 14 | | imprisonment for a period not to exceed 6 months. However, | 15 | | the court may permit the party to be released for periods | 16 | | of time during the day or night to work, conduct business, | 17 | | or engage in other self-employed occupation. The court may | 18 | | further order any part of all the earnings of a party | 19 | | during a sentence of periodic imprisonment to be paid to | 20 | | the clerk of the circuit court or to the person or parent | 21 | | having physical possession of or having been allocated | 22 | | parental responsibilities for custody of the minor child | 23 | | for the support of the child until further order of the | 24 | | court.
| 25 | | (3) Pierce the ownership veil of a person, persons, or | 26 | | business entity to discover assets of a non-custodial |
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| 1 | | parent held in the name of that person, those persons, or | 2 | | that business entity, if there is a unity of interest and | 3 | | ownership sufficient to render no financial separation | 4 | | between the non-custodial parent and that person, those | 5 | | persons, or the business entity. The following | 6 | | circumstances are sufficient for a court to order discovery | 7 | | of the assets of a person, persons, or business entity and | 8 | | to compel the application of any discovered assets toward | 9 | | payment of the judgment for support:
| 10 | | (A) the non-custodial parent and the person, | 11 | | persons, or business entity maintain records together.
| 12 | | (B) the non-custodial parent and the person, | 13 | | persons, or business entity fail to maintain an | 14 | | arm's-length relationship between themselves with | 15 | | regard to any assets.
| 16 | | (C) the non-custodial parent transfers assets to | 17 | | the person, persons, or business entity with the intent | 18 | | to perpetrate a fraud on the custodial parent.
With | 19 | | respect to assets which are real property, no order | 20 | | entered under this subdivision (3) shall affect the | 21 | | rights of bona fide purchasers, mortgagees, judgment | 22 | | creditors, or other lien holders who acquire their | 23 | | interests in the property prior to the time a notice of | 24 | | lis pendens under the Code of Civil Procedure or a copy | 25 | | of the order is placed of record in the office of the | 26 | | recorder of deeds for the county in which the real |
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| 1 | | property is located.
| 2 | | (4) Order that, in cases where the party is 90 days or | 3 | | more delinquent in payment of support or has been | 4 | | adjudicated in arrears in an amount equal to 90 days | 5 | | obligation or more, the party's Illinois driving | 6 | | privileges be suspended until the court determines that the | 7 | | party is in compliance with the judgment or duty of | 8 | | support. The court may also order that the parent be issued | 9 | | a family financial responsibility driving permit that | 10 | | would allow limited driving privileges for employment and | 11 | | medical purposes in accordance with Section 7-702.1 of the | 12 | | Illinois Vehicle Code. The clerk of the circuit court shall | 13 | | certify the order suspending the driving privileges of the | 14 | | parent or granting the issuance of a family financial | 15 | | responsibility driving permit to the Secretary of State on | 16 | | forms prescribed by the Secretary. Upon receipt of the | 17 | | authenticated documents, the Secretary of State shall | 18 | | suspend the party's driving privileges until further order | 19 | | of the court and shall, if ordered by the court and subject | 20 | | to the provisions of Section 7-702.1 of the Illinois | 21 | | Vehicle Code, issue a family financial responsibility | 22 | | driving permit to the parent.
| 23 | | In addition to the penalties or punishment that may be | 24 | | imposed under this Section, a person whose conduct constitutes | 25 | | a violation of Section 15 of the Non-Support Punishment Act may | 26 | | be prosecuted under that Act, and a person convicted under that |
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| 1 | | Act may be sentenced in accordance with that Act. The sentence | 2 | | may include, but need not be limited to, a requirement that the | 3 | | person perform community service under Section 50 of that Act | 4 | | or participate in a work alternative program under Section 50 | 5 | | of that Act. A person may not be required to participate in a | 6 | | work alternative program under Section 50 of the Non-Support | 7 | | Punishment Act if the person is currently participating in a | 8 | | work program under Section 806 of this Act.
| 9 | | (c) In a post-judgment proceeding to enforce or modify the | 10 | | judgment, the parties shall continue to be designated as in the | 11 | | original proceeding.
| 12 | | (Source: P.A. 99-85, eff. 1-1-16 .) | 13 | | (750 ILCS 46/808)
| 14 | | Sec. 808. Modification of judgment. The court has | 15 | | continuing jurisdiction to modify an order for child support, | 16 | | allocation of parental responsibilities custody , parenting | 17 | | time, or relocation removal included in a judgment entered | 18 | | under this Act. Any allocation of parental responsibilities | 19 | | custody , parenting time, or relocation removal judgment | 20 | | modification shall be in accordance with the relevant factors | 21 | | specified in the Illinois Marriage and Dissolution of Marriage | 22 | | Act. Any support judgment is subject to modification or | 23 | | termination only in accordance with Section 510 of the Illinois | 24 | | Marriage and Dissolution of Marriage Act.
| 25 | | (Source: P.A. 99-85, eff. 1-1-16 .) |
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| 1 | | (750 ILCS 46/809)
| 2 | | Sec. 809. Right to counsel. | 3 | | (a) Any party may be represented by counsel at all | 4 | | proceedings under this Act. Except as otherwise provided in | 5 | | this Act, the court may order, in accordance with the relevant | 6 | | factors specified in Section 508 of the Illinois Marriage and | 7 | | Dissolution of Marriage Act, reasonable fees of counsel, | 8 | | experts, and other costs of the action, pre-trial proceedings, | 9 | | post-judgment proceedings to enforce or modify the judgment, | 10 | | and the appeal or the defense of an appeal of the judgment to | 11 | | be paid by the parties. The court may not order payment by the | 12 | | Department of Healthcare and Family Services in cases in which | 13 | | the Department is providing child support enforcement services | 14 | | under Article X of the Illinois Public Aid Code.
| 15 | | (b) In any proceedings involving the support, allocation of | 16 | | parental responsibilities custody , parenting time, education, | 17 | | parentage, property interest, relocation, or general welfare | 18 | | of a minor or dependent child, the court may, on its own motion | 19 | | or that of any party, appoint an attorney to serve in one of | 20 | | the capacities specified in Section 506 of the Illinois | 21 | | Marriage and Dissolution of Marriage Act.
| 22 | | (Source: P.A. 99-85, eff. 1-1-16 .)
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