Full Text of SB1358 98th General Assembly
SB1358enr 98TH 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 | | changing Sections 10-15.1 and 10-16.5 as follows: | 6 | | (305 ILCS 5/10-15.1) | 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) (Blank). A petition or comparable pleading seeking a | 19 | | remedy that
must be affirmatively sought under other law of | 20 | | this State may
be filed at the same time as the request for | 21 | | registration or
later. The pleading must specify the grounds | 22 | | for the remedy
sought. | 23 | | (c-5) Every notice of registration must be accompanied by a | 24 | | copy of the registered administrative support order and the | 25 | | documents and relevant information accompanying the order | 26 | | pursuant to subsection (a). |
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| 1 | | (d) (Blank). When an administrative support order is | 2 | | registered, the clerk of the circuit court shall notify the | 3 | | nonregistering party and the Illinois
Department, unless the | 4 | | Department is requesting registration
of its order. The notice, | 5 | | which shall be served on the
nonregistering party by any method | 6 | | provided by law for service
of a summons, must be accompanied | 7 | | by a copy of the
registered administrative support order and | 8 | | the documents and
relevant information accompanying the order. | 9 | | (d-5) The registering party shall serve notice of the | 10 | | registration on the other party by first class mail, unless the | 11 | | administrative support order was entered by default or the | 12 | | registering party is also seeking an affirmative remedy. The | 13 | | registering party shall serve notice on the Department in all | 14 | | cases by first class mail. | 15 | | (1) If the administrative support order was entered by | 16 | | default against the obligor, the obligor must be served | 17 | | with the registration by any method provided by law for | 18 | | service of summons. | 19 | | (2) If a petition or comparable pleading seeking an | 20 | | affirmative remedy is filed with the registration, the | 21 | | non-moving party must be served with the registration and | 22 | | the affirmative pleading by any method provided by law for | 23 | | service of summons. | 24 | | (e) A notice of registration of an administrative support
| 25 | | order must provide the following information: | 26 | | (1) That a registered administrative order is
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| 1 | | enforceable in the same manner as an order for support
| 2 | | issued by the circuit court. | 3 | | (2) That a hearing to contest enforcement of the
| 4 | | registered administrative support order must be requested
| 5 | | within 30 days after the date of service of the notice. | 6 | | (3) That failure to contest, in a timely manner, the
| 7 | | enforcement of the registered administrative
support order | 8 | | shall result in confirmation of the order and
enforcement | 9 | | of the order and the alleged arrearages and
precludes | 10 | | further contest of that order with respect to any
matter | 11 | | that could have been asserted. | 12 | | (4) The amount of any alleged arrearages. | 13 | | (f) A nonregistering party seeking to contest enforcement
| 14 | | of a registered administrative support order shall request
a | 15 | | hearing within 30 days after the date of service
of notice of | 16 | | the registration. The nonregistering party may
seek to vacate | 17 | | the registration, to assert any defense to an
allegation of | 18 | | noncompliance with the registered administrative
support | 19 | | order, or to contest the remedies being sought or the
amount of | 20 | | any alleged arrearages. | 21 | | (g) If the nonregistering party fails to contest the
| 22 | | enforcement of the registered administrative
support order in a | 23 | | timely manner, the order shall be confirmed
by operation of | 24 | | law. | 25 | | (h) If a nonregistering party requests a hearing to contest
| 26 | | the enforcement of the registered administrative
support |
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| 1 | | order, the circuit court shall schedule the matter for
hearing | 2 | | and give notice to the parties and the Illinois
Department of | 3 | | the date, time, and place of the hearing. | 4 | | (i) A party contesting the enforcement of a registered | 5 | | administrative support order or seeking to vacate
the | 6 | | registration has the burden of proving one or more of the
| 7 | | following defenses: | 8 | | (1) The Illinois Department lacked personal
| 9 | | jurisdiction over the contesting party. | 10 | | (2) The administrative support order was obtained by
| 11 | | fraud. | 12 | | (3) The administrative support order has been vacated,
| 13 | | suspended, or modified by a later order. | 14 | | (4) The Illinois Department has stayed the
| 15 | | administrative support order pending appeal. | 16 | | (5) There is a defense under the law to the remedy | 17 | | sought. | 18 | | (6) Full or partial payment has been made. | 19 | | (j) If a party presents evidence establishing a full or
| 20 | | partial payment defense under subsection (i), the court may
| 21 | | stay enforcement of the registered order, continue the
| 22 | | proceeding to permit production of additional relevant
| 23 | | evidence, and issue other appropriate orders. An uncontested
| 24 | | portion of the registered administrative support order may be
| 25 | | enforced by all remedies available under State law. | 26 | | (k) If a contesting party does not establish a defense
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| 1 | | under subsection (i) to the enforcement of the
administrative | 2 | | support order, the court shall issue an order
confirming the | 3 | | administrative support order. Confirmation of
the registered | 4 | | administrative support order, whether by operation of law or | 5 | | after notice and hearing, precludes further
contest of the | 6 | | order with respect to any matter that could have
been asserted | 7 | | at the time of registration. Upon confirmation,
the registered | 8 | | administrative support order shall be treated in
the same | 9 | | manner as a support order entered by the circuit court,
| 10 | | including the ability of the court to entertain a petition to
| 11 | | modify the administrative support order due to a substantial
| 12 | | change in circumstances, or petitions for visitation or custody
| 13 | | of the child or children covered by the administrative support
| 14 | | order. Nothing in this Section shall be construed to alter the
| 15 | | effect of a final administrative support order, or the | 16 | | restriction
of judicial review of such a final order to the | 17 | | provisions of the
Administrative Review Law, as provided in | 18 | | Section 10-11 of this Code.
| 19 | | (Source: P.A. 97-926, eff. 8-10-12.)
| 20 | | (305 ILCS 5/10-16.5)
| 21 | | Sec. 10-16.5. Interest on support obligations. A support | 22 | | obligation, or
any portion of a support obligation, which | 23 | | becomes due and remains unpaid as of the end of each month, | 24 | | excluding the child support that was due for that month to the | 25 | | extent that it was not paid in that month,
shall accrue simple |
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| 1 | | interest as set forth in Section 12-109 of the Code of Civil | 2 | | Procedure.
An order for support entered or modified on or after | 3 | | January 1, 2006 shall
contain a statement that a support | 4 | | obligation required under the order, or any
portion of a | 5 | | support obligation required under the order, that becomes due | 6 | | and
remains unpaid as of the end of each month, excluding the | 7 | | child support that was due for that month to the extent that it | 8 | | was not paid in that month, shall accrue simple interest as set | 9 | | forth in Section 12-109 of the Code of Civil Procedure. Failure | 10 | | to include the statement in the order for support does
not | 11 | | affect the validity of the order or the accrual of interest as | 12 | | provided in
this Section.
| 13 | | In cases in which IV-D services are being provided, the | 14 | | Department shall provide, by rule, for a one-time notice to | 15 | | obligees advising the obligee that he or she must notify the | 16 | | Department within 60 days of the notice that he or she wishes | 17 | | to have the Department compute any interest that accrued on a | 18 | | specific docket in his or her case between May 1, 1987 and | 19 | | December 31, 2005. If the obligee fails to notify the | 20 | | Department within the 60-day period: (i) the Department shall | 21 | | have no further duty to enforce and collect interest accrued on | 22 | | support obligations established under this Code or under any | 23 | | other law that are owed to the obligee prior to January 1, | 24 | | 2006; and (ii) any interest due on that docket prior to 2006 | 25 | | may be pursued by the obligee through a court action, but not | 26 | | through the Department's IV-D agency. |
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| 1 | | (Source: P.A. 94-90, eff. 1-1-06.)
| 2 | | Section 10. The Code of Civil Procedure is amended by | 3 | | changing Section 12-109 as follows:
| 4 | | (735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
| 5 | | Sec. 12-109. Interest on judgments. | 6 | | (a) Every judgment except those
arising by operation of law | 7 | | from child support orders shall bear interest
thereon as | 8 | | provided in Section 2-1303. | 9 | | (b) Every judgment arising by
operation of law from a child | 10 | | support order shall bear interest as provided
in this | 11 | | subsection. The interest on judgments arising by operation of | 12 | | law from child support orders shall be calculated by applying | 13 | | one-twelfth of the current statutory interest rate as provided | 14 | | in Section 2-1303 to the unpaid child support balance as of the | 15 | | end of each calendar month. The unpaid child support balance at | 16 | | the end of the month is the total amount of child support | 17 | | ordered, excluding the child support that was due for that | 18 | | month to the extent that it was not paid in that month and | 19 | | including judgments for retroactive child support, less all | 20 | | payments received and applied as set forth in this subsection. | 21 | | The accrued interest shall not be included in the unpaid child | 22 | | support balance when calculating interest at the end of the | 23 | | month. The unpaid child support balance as of the end of each | 24 | | month shall be determined by calculating the current monthly |
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| 1 | | child support obligation and applying all payments received for | 2 | | that month, except federal income tax refund intercepts, first | 3 | | to the current monthly child support obligation and then | 4 | | applying any payments in excess of the current monthly child | 5 | | support obligation to the unpaid child support balance owed | 6 | | from previous months. The current monthly child support | 7 | | obligation shall be determined from the document that | 8 | | established the support obligation. Federal income tax refund | 9 | | intercepts and any payments in excess of the current monthly | 10 | | child support obligation shall be applied to the unpaid child | 11 | | support balance. Any payments in excess of the current monthly | 12 | | child support obligation and the unpaid child support balance | 13 | | shall be applied to the accrued interest on the unpaid child | 14 | | support balance. Interest on child support obligations may be | 15 | | collected by any means available under State law for the | 16 | | collection of child support judgments federal and State laws, | 17 | | rules, and regulations providing for the collection of child | 18 | | support .
| 19 | | (Source: P.A. 94-90, eff. 1-1-06.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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