Full Text of HB3512 099th General Assembly
HB3512enr 99TH GENERAL ASSEMBLY |
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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 Uniform Interstate Family Support Act is | 5 | | amended by renumbering and changing Sections 902 and 903, by | 6 | | changing Sections 102, 103, 104, 201, 203, 204, 205, 206, 207, | 7 | | 208, 209, 210, 211, 301, 302, 304, 305, 306, 307, 308, 310, | 8 | | 311, 312, 313, 314, 316, 317, 318, 319, 401, 502, 503, 504, | 9 | | 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, | 10 | | 610, 611, 612, 615, 701, and 802, by changing the headings of | 11 | | Articles 4, 5, and 7, by changing the headings of Parts 1 and 3 | 12 | | of Article 6, by adding Sections 105, 402, 616, 702, 703, 704, | 13 | | 705, 706, 707, 708, 709, 710, 711, 712, 713, and 902, and by | 14 | | adding the heading of Part 4 of Article 6 as follows:
| 15 | | (750 ILCS 22/102) (was 750 ILCS 22/101)
| 16 | | Sec. 102. Definitions. In this Act:
| 17 | | (1) "Child" means an individual, whether over or under the
| 18 | | age of majority 18 , who is or is alleged to be owed a duty of | 19 | | support by the
individual's parent or who is or is alleged to | 20 | | be the beneficiary of a
support order directed to the parent.
| 21 | | (2) "Child-support order" means a support order for a | 22 | | child,
including a child who has attained the age of majority | 23 | | under the law of the issuing state or foreign country 18 .
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| 1 | | (3) "Convention" means the Convention on the International | 2 | | Recovery of Child Support and Other Forms of Family | 3 | | Maintenance, concluded at The Hague on November 23, 2007. | 4 | | (4) "Duty of support" means an obligation imposed or | 5 | | imposable
by law to provide support for a child, spouse, or | 6 | | former
spouse including an unsatisfied obligation to provide | 7 | | support.
| 8 | | (5) "Foreign country" means a country, including a | 9 | | political subdivision thereof, other than the United States, | 10 | | that authorizes the issuance of support orders and: | 11 | | (A) which has been declared under the law of the United | 12 | | States to be a foreign reciprocating country; | 13 | | (B) which has established a reciprocal arrangement for | 14 | | child support with this State as provided in Section 308; | 15 | | (C) which has enacted a law or established procedures | 16 | | for the issuance and enforcement of support orders which | 17 | | are substantially similar to the procedures under this Act; | 18 | | or | 19 | | (D) in which the Convention is in force with respect to | 20 | | the United States. | 21 | | (6) "Foreign support order" means a support order of a | 22 | | foreign tribunal. | 23 | | (7) "Foreign tribunal" means a court, administrative | 24 | | agency, or quasi-judicial entity of a foreign country which is | 25 | | authorized to establish, enforce, or modify support orders or | 26 | | to determine parentage of a child. The term includes a |
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| 1 | | competent authority under the Convention. | 2 | | (8) "Home state" means the state or foreign country in | 3 | | which a child lived with a
parent or a person acting as parent | 4 | | for at least 6 consecutive months
immediately preceding the | 5 | | time of filing of a petition or comparable
pleading for | 6 | | support, and if a child is less than 6 months old, the state or | 7 | | foreign country
in which the child lived from birth with any of | 8 | | them. A period of
temporary absence of any of them is counted | 9 | | as part of the 6-month or
other period.
| 10 | | (9) "Income" includes earnings or other periodic | 11 | | entitlements to
money from any source and any other property | 12 | | subject to withholding for
support under the law of this State.
| 13 | | (10) "Income-withholding order" means an order or other | 14 | | legal
process directed to an obligor's employer or other | 15 | | debtor, as
defined by the Income Withholding for Support Act | 16 | | Illinois Marriage and Dissolution of Marriage Act, the
| 17 | | Non-Support of Spouse and Children Act, the Non-Support | 18 | | Punishment Act
the Illinois Public Aid Code, and the Illinois | 19 | | Parentage Act of 1984 , to
withhold support from the income of | 20 | | the obligor. | 21 | | (11) "Initiating tribunal state " means the tribunal of a | 22 | | state or foreign country from which a petition or comparable | 23 | | pleading proceeding is
forwarded or in which a petition or | 24 | | comparable pleading proceeding is filed for forwarding to | 25 | | another state or foreign country a responding
state under this | 26 | | Act or a law or procedure substantially similar to this Act .
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| 1 | | "Initiating tribunal" means the authorized tribunal in an
| 2 | | initiating state.
| 3 | | (12) "Issuing foreign country" means the foreign country in | 4 | | which a tribunal issues a support order or a judgment | 5 | | determining parentage of a child. | 6 | | (13) "Issuing state" means the state in which a tribunal | 7 | | issues a
support order or renders a judgment determining | 8 | | parentage of a child .
| 9 | | (14) "Issuing tribunal" means the tribunal of a state or | 10 | | foreign country that issues a support
order or renders a | 11 | | judgment determining parentage of a child .
| 12 | | (15) "Law" includes decisional and statutory law and rules | 13 | | and regulations having the force of law. | 14 | | (16) "Obligee" means:
| 15 | | (A) an individual to whom a duty of support is or is | 16 | | alleged to
be owed or in whose favor a support order has | 17 | | been issued or a judgment
determining parentage of a child | 18 | | has been issued has been rendered ;
| 19 | | (B) a foreign country, state , or political subdivision | 20 | | of a state to which the rights under a
duty of support or | 21 | | support order have been assigned or which has
independent | 22 | | claims based on financial assistance provided to an
| 23 | | individual obligee in place of child support ; or
| 24 | | (C) an individual seeking a judgment determining | 25 | | parentage of
the individual's child ; or .
| 26 | | (D) a person that is a creditor in a proceeding under |
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| 1 | | Article 7. | 2 | | (17) "Obligor" means an individual, or the estate of a | 3 | | decedent that :
| 4 | | (A) (i) who owes or is alleged to owe a duty of | 5 | | support;
| 6 | | (B) (ii) who is alleged but has not been adjudicated to | 7 | | be
a parent of a child; or
| 8 | | (C) (iii) who is liable under a support order ; or .
| 9 | | (D) is a debtor in a proceeding under Article 7. | 10 | | (18) "Outside this State" means a location in another state | 11 | | or a country other than the United States, whether or not the | 12 | | country is a foreign country. | 13 | | (19) "Person " means an individual, corporation, business | 14 | | trust, estate, trust,
partnership, limited liability company, | 15 | | association, joint venture, public corporation, government or ,
| 16 | | governmental subdivision, agency, or instrumentality, public | 17 | | corporation, or any
other legal or commercial entity.
| 18 | | (20) "Record" means information that is inscribed on a | 19 | | tangible medium or that
is stored in an electronic or other | 20 | | medium and is retrievable in perceivable
form.
| 21 | | (21) "Register" means to record or file in a tribunal of | 22 | | this State a support order or judgment determining parentage of | 23 | | a child issued in another state or a foreign country
in the | 24 | | appropriate Registry of Foreign Support Orders .
| 25 | | (22) "Registering tribunal" means a tribunal in which a | 26 | | support
order or judgment determining parentage of a child is |
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| 1 | | registered.
| 2 | | (23) "Responding state" means a state in which a petition | 3 | | or comparable pleading for support or to determine parentage of | 4 | | a child proceeding is filed or to
which a petition or | 5 | | comparable pleading proceeding is forwarded for filing from | 6 | | another an initiating state or a foreign country under
this Act | 7 | | or a law or procedure substantially similar to this Act .
| 8 | | (24) "Responding tribunal" means the authorized tribunal | 9 | | in a responding state or foreign country .
| 10 | | (25) "Spousal-support order" means a support order for a | 11 | | spouse
or former spouse of the obligor.
| 12 | | (26) "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 under
subject | 15 | | to the jurisdiction of the United States. The term includes an | 16 | | Indian nation or tribe. :
| 17 | | (A) an Indian tribe; and
| 18 | | (B) a foreign country or political subdivision that:
| 19 | | (i) has been declared to be a foreign reciprocating | 20 | | country or
political subdivision under federal law;
| 21 | | (ii) has established a reciprocal arrangement for | 22 | | child support with
this State as provided in Section | 23 | | 308; or
| 24 | | (iii) has enacted a law or established procedures | 25 | | for issuance
and enforcement of support orders which | 26 | | are substantially similar to the
procedures under this |
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| 1 | | Act.
| 2 | | (27) "Support enforcement agency" means a public official , | 3 | | governmental entity, or private
agency authorized to seek :
| 4 | | (A) seek enforcement of support orders or laws relating | 5 | | to the duty
of support;
| 6 | | (B) seek establishment or modification of child | 7 | | support;
| 8 | | (C) request determination of parentage of a child ;
| 9 | | (D) attempt to locate obligors or their assets; or
| 10 | | (E) request determination of the controlling | 11 | | child-support child support order.
| 12 | | (28) "Support order" means a judgment, decree, order, | 13 | | decision, or directive, whether
temporary, final, or subject to | 14 | | modification, issued in a state or foreign country by a | 15 | | tribunal for the
benefit of a child, a spouse, or a former | 16 | | spouse, which provides for monetary
support, health care, | 17 | | arrearages, retroactive support, or reimbursement for | 18 | | financial assistance provided to an individual obligee in place | 19 | | of child support. The term , and may include related
costs and | 20 | | fees, interest, income withholding, automatic adjustment, | 21 | | reasonable attorney's fees, and other
relief.
| 22 | | (29) "Tribunal" means a court, administrative agency, or
| 23 | | quasi-judicial entity authorized to establish, enforce, or
| 24 | | modify support orders or to determine parentage of a child .
| 25 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04; revised | 26 | | 11-26-14.)
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| 1 | | (750 ILCS 22/103) (was 750 ILCS 22/102)
| 2 | | Sec. 103. State tribunal and support enforcement agency | 3 | | Tribunal of State . | 4 | | (a) The circuit court is a tribunal of this
State. The | 5 | | Department of Healthcare and Family Services is an initiating | 6 | | tribunal. The
Department of Healthcare and Family Services is | 7 | | also a responding tribunal of this State
to the extent that it | 8 | | can administratively establish paternity and establish,
| 9 | | modify, and enforce an administrative child-support order | 10 | | under authority of
Article X of the Illinois Public Aid Code. | 11 | | (b) The Illinois Department of Healthcare and Family | 12 | | Services is the support enforcement agency of this State.
| 13 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 14 | | (750 ILCS 22/104) (was 750 ILCS 22/103)
| 15 | | Sec. 104. Remedies cumulative.
| 16 | | (a) Remedies provided by this Act are cumulative and do not | 17 | | affect the
availability of remedies under other law, or | 18 | | including the recognition of a foreign
support order of a | 19 | | foreign country or political subdivision on the basis of
| 20 | | comity.
| 21 | | (b) This Act does not:
| 22 | | (1) provide the exclusive method of establishing or | 23 | | enforcing a support
order under the law of this State; or
| 24 | | (2) grant a tribunal of this State jurisdiction to |
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| 1 | | render judgment or
issue an order relating to child custody | 2 | | or visitation in a proceeding under
this Act.
| 3 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 4 | | (750 ILCS 22/105 new) | 5 | | Sec. 105. Application of Act to resident of foreign country | 6 | | and foreign support proceeding. | 7 | | (a) A tribunal of this State shall apply Articles 1 through | 8 | | 6 and, as applicable, Article 7, to a support proceeding | 9 | | involving: | 10 | | (1) a foreign support order; | 11 | | (2) a foreign tribunal; or | 12 | | (3) an obligee, obligor, or child residing in a foreign | 13 | | country. | 14 | | (b) A tribunal of this State that is requested to recognize | 15 | | and enforce a support order on the basis of comity may apply | 16 | | the procedural and substantive provisions of Articles 1 through | 17 | | 6. | 18 | | (c) Article 7 applies only to a support proceeding under | 19 | | the Convention. In such a proceeding, if a provision of Article | 20 | | 7 is inconsistent with Articles 1 through 6, Article 7 | 21 | | controls.
| 22 | | (750 ILCS 22/201)
| 23 | | Sec. 201. Bases for jurisdiction over nonresident.
| 24 | | (a) In a proceeding to establish or enforce a support order |
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| 1 | | or to determine
parentage of a child , a tribunal of this State | 2 | | may exercise personal jurisdiction over a
nonresident | 3 | | individual or the individual's guardian or conservator if:
| 4 | | (1) the individual is personally served with notice | 5 | | within this State;
| 6 | | (2) the individual submits to the jurisdiction of this | 7 | | State by
consent in a record , by entering a general | 8 | | appearance, or by filing a responsive
document having the | 9 | | effect of waiving any contest to personal jurisdiction;
| 10 | | (3) the individual resided with the child in this | 11 | | State;
| 12 | | (4) the individual resided in this State and provided | 13 | | prenatal
expenses or support for the child;
| 14 | | (5) the child resides in this State as a result of the | 15 | | acts or directives
of the individual;
| 16 | | (6) the individual engaged in sexual intercourse in | 17 | | this State and the
child may have been conceived by that | 18 | | act of intercourse;
| 19 | | (7) the individual asserted parentage of a child in the | 20 | | putative father registry maintained in this State by the | 21 | | Illinois Department of Children and Family Services | 22 | | (blank) ; or
| 23 | | (8) there is any other basis consistent with the | 24 | | constitutions of this
State and the United States for the | 25 | | exercise of personal jurisdiction.
| 26 | | (b) The bases of personal jurisdiction set forth in |
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| 1 | | subsection (a) or in
any other law of this State may not be | 2 | | used to acquire personal jurisdiction
for a tribunal of this | 3 | | the State to modify a child-support child support order of | 4 | | another state
unless the requirements of Section 611 are met, | 5 | | or, in the case of a foreign support order, unless the | 6 | | requirements of Section or 615 are met.
| 7 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 8 | | (750 ILCS 22/203)
| 9 | | Sec. 203. Initiating and responding tribunal of State. | 10 | | Under this Act, a
tribunal of this State may
serve as an
| 11 | | initiating tribunal to forward proceedings to a tribunal of | 12 | | another state and
as a
responding tribunal for proceedings | 13 | | initiated in another state or a foreign country .
| 14 | | (Source: P.A. 90-240, eff. 7-28-97.)
| 15 | | (750 ILCS 22/204)
| 16 | | Sec. 204. Simultaneous proceedings.
| 17 | | (a) A tribunal of this State may exercise jurisdiction to | 18 | | establish a
support order if the petition or comparable | 19 | | pleading is filed after a petition or comparable pleading
is | 20 | | filed in another state or a foreign country only if:
| 21 | | (1) the petition or comparable pleading in this State | 22 | | is filed before the expiration of the time
allowed in the | 23 | | other state or the foreign country for filing a responsive | 24 | | pleading challenging the
exercise of jurisdiction by the |
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| 1 | | other state or the foreign country ;
| 2 | | (2) the contesting party timely challenges the | 3 | | exercise of jurisdiction in
the other state or the foreign | 4 | | country ; and
| 5 | | (3) if relevant, this State is the home state of the | 6 | | child.
| 7 | | (b) A tribunal of this State may not exercise jurisdiction | 8 | | to establish a
support order if the petition or comparable | 9 | | pleading is filed before a petition or comparable pleading
is | 10 | | filed in another state or a foreign country if:
| 11 | | (1) the petition or comparable pleading in the other | 12 | | state or foreign country is filed before
the expiration of | 13 | | the time allowed in this State for filing a responsive
| 14 | | pleading challenging the exercise of jurisdiction by this | 15 | | State;
| 16 | | (2) the contesting party timely challenges the | 17 | | exercise of jurisdiction in
this State; and
| 18 | | (3) if relevant, the other state or foreign country is | 19 | | the home state of the child.
| 20 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 21 | | (750 ILCS 22/205)
| 22 | | Sec. 205.
Continuing, exclusive jurisdiction to modify | 23 | | child-support
order.
| 24 | | (a) A tribunal of this State that has issued a | 25 | | child-support support order
consistent with the law
of this |
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| 1 | | State has and shall exercise continuing, exclusive | 2 | | jurisdiction
to modify its child-support
order if the order is | 3 | | the controlling order and:
| 4 | | (1) at the time of the filing of a request for | 5 | | modification this State is the residence of the obligor, | 6 | | the
individual obligee, or the child for whose benefit the | 7 | | support order is issued;
or
| 8 | | (2) even if this State is not the residence of the | 9 | | obligor, the
individual obligee, or the child for whose | 10 | | benefit the support order is issued,
the parties consent in | 11 | | a record or in open court that the tribunal of this
State | 12 | | may continue to exercise the jurisdiction to modify its | 13 | | order.
| 14 | | (b) A tribunal of this State that has issued a | 15 | | child-support
order consistent
with the law of this State may | 16 | | not exercise continuing exclusive
jurisdiction to
modify the | 17 | | order if:
| 18 | | (1) all of the parties who are individuals file consent | 19 | | in a record with
the tribunal of this State that a tribunal | 20 | | of another state that has
jurisdiction over at least one of | 21 | | the parties who is an individual or that is
located in the | 22 | | state of residence of the child may modify the order and
| 23 | | assume continuing, exclusive jurisdiction; or
| 24 | | (2) its order is not the controlling order.
| 25 | | (c) If a tribunal of another state has issued a
| 26 | | child-support
order pursuant to the Uniform Interstate Family |
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| 1 | | Support Act or a law
substantially similar to that Act which | 2 | | modifies a child-support
order of a tribunal of this State, | 3 | | tribunals of this State shall recognize the
continuing, | 4 | | exclusive jurisdiction of the tribunal of the other state.
| 5 | | (d) A tribunal of this State that lacks continuing, | 6 | | exclusive jurisdiction
to modify a child-support order may | 7 | | serve as an initiating tribunal to request
a tribunal of | 8 | | another state to modify a support order issued in that state.
| 9 | | (e) A temporary support order issued ex parte or pending | 10 | | resolution
of a jurisdictional conflict does not create | 11 | | continuing, exclusive jurisdiction
in the issuing tribunal.
| 12 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 13 | | (750 ILCS 22/206)
| 14 | | Sec. 206. Continuing jurisdiction to enforce child-support | 15 | | order.
| 16 | | (a) A tribunal of this State that has issued a | 17 | | child-support order
consistent with the law of this State may | 18 | | serve as an initiating tribunal to
request a tribunal of | 19 | | another state to enforce:
| 20 | | (1) the order if the order is the controlling order and | 21 | | has not been
modified by a tribunal of another state that | 22 | | assumed jurisdiction pursuant to
the Uniform Interstate | 23 | | Family Support Act; or
| 24 | | (2) a money judgment for arrears of support and | 25 | | interest on the order
accrued before a determination that |
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| 1 | | an order of a tribunal of another state is the
controlling | 2 | | order.
| 3 | | (b) A tribunal of this State having continuing jurisdiction
| 4 | | over a support order may act as a responding tribunal to
| 5 | | enforce the order.
| 6 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 7 | | (750 ILCS 22/207)
| 8 | | Sec. 207. Determination of controlling child-support | 9 | | order.
| 10 | | (a) If a proceeding is brought under this Act and only one | 11 | | tribunal has
issued a child-support order, the order of that | 12 | | tribunal controls and must be
so recognized.
| 13 | | (b) If a proceeding is brought under this Act, and two or | 14 | | more child-support
orders have been issued by tribunals of this | 15 | | State , or another state , or a foreign country with regard
to | 16 | | the same obligor and same child, a tribunal of this State | 17 | | having personal
jurisdiction over both the obligor and | 18 | | individual obligee shall apply the
following rules and by order | 19 | | shall determine which order controls and must be recognized :
| 20 | | (1) If only one of the tribunals would have continuing,
| 21 | | exclusive jurisdiction under this Act, the order of that | 22 | | tribunal controls
and must be so recognized .
| 23 | | (2) If more than one of the tribunals would
have | 24 | | continuing, exclusive jurisdiction under this Act:
| 25 | | (A) an order issued by a tribunal in the current |
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| 1 | | home state
of the child controls; or but
| 2 | | (B) if an order has not been issued in the current | 3 | | home state of the
child, the order most recently issued | 4 | | controls.
| 5 | | (3) If none of the tribunals would have
continuing, | 6 | | exclusive jurisdiction under this Act, the tribunal of this | 7 | | State
shall issue a child-support order, which controls.
| 8 | | (c) If two or more child-support orders have been issued | 9 | | for the same
obligor and same child, upon request of a party | 10 | | who is an individual or that is a
support enforcement agency, a | 11 | | tribunal of this State having personal
jurisdiction over both | 12 | | the obligor and the obligee who is an individual shall
| 13 | | determine which order controls under subsection (b).
The | 14 | | request may be filed with a registration for enforcement or | 15 | | registration
for modification pursuant to Article 6, or may be | 16 | | filed as a separate
proceeding.
| 17 | | (d) A request to determine which is the controlling order | 18 | | must be
accompanied by a copy of every child-support order in | 19 | | effect and the applicable
record of payments. The requesting | 20 | | party shall give notice of the request to
each party whose | 21 | | rights may be affected by the determination.
| 22 | | (e) The tribunal that issued the controlling order under | 23 | | subsection (a),
(b), or (c) has continuing jurisdiction to the | 24 | | extent provided in Section 205
or 206.
| 25 | | (f) A tribunal of this State that determines by order which | 26 | | is
the controlling order under subsection (b)(1) or (2) or (c), |
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| 1 | | or that issues a
new controlling order under subsection (b)(3), | 2 | | shall state in that order:
| 3 | | (1) the basis upon which the tribunal made its | 4 | | determination;
| 5 | | (2) the amount of prospective support, if any; and
| 6 | | (3) the total amount of consolidated arrears and | 7 | | accrued interest, if any,
under all of the orders after all | 8 | | payments made are credited as provided by
Section 209.
| 9 | | (g) Within 30 days after issuance of an order determining | 10 | | which is the
controlling order, the party obtaining the order | 11 | | shall file a certified copy
of it in each tribunal that issued | 12 | | or registered an earlier order of child
support. A party or | 13 | | support enforcement agency obtaining the order that fails
to | 14 | | file a certified copy is subject to appropriate sanctions by a | 15 | | tribunal in
which the issue of failure to file arises. The | 16 | | failure to file does not affect
the validity or enforceability | 17 | | of the controlling order.
| 18 | | (h) An order that has been determined to be the controlling | 19 | | order, or a
judgment for consolidated arrears of support and | 20 | | interest, if any, made
pursuant to this Section must be | 21 | | recognized in proceedings under this Act.
| 22 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 23 | | (750 ILCS 22/208)
| 24 | | Sec. 208. Child-support orders for two or more obligees. In
| 25 | | responding to registrations or petitions for enforcement of two |
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| 1 | | or
more child-support child support orders in effect at the | 2 | | same time with regard to the same
obligor and different | 3 | | individual obligees, at least one of which was issued by
a | 4 | | tribunal of another state or a foreign country , a tribunal of | 5 | | this State shall enforce those
orders in the same manner as if | 6 | | the orders had been issued by a
tribunal of this State.
| 7 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 8 | | (750 ILCS 22/209)
| 9 | | Sec. 209. Credit for payments. A tribunal of this State | 10 | | shall credit amounts
collected for a particular period pursuant | 11 | | to any child-support order against
the amounts owed for the | 12 | | same period under any other child-support order for
support of | 13 | | the same child issued by a tribunal of this State, or another | 14 | | state , or a foreign country .
| 15 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 16 | | (750 ILCS 22/210)
| 17 | | Sec. 210. Application of Act to nonresident subject to | 18 | | personal
jurisdiction. A tribunal of this State exercising | 19 | | personal jurisdiction over a
nonresident in a proceeding under | 20 | | this Act, under other law of this State
relating to a support | 21 | | order, or recognizing a foreign support order of a foreign
| 22 | | country or political subdivision on the basis of comity may | 23 | | receive evidence
from outside this State another state pursuant | 24 | | to Section 316, communicate with a tribunal outside this State |
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| 1 | | of
another state pursuant to Section 317, and obtain discovery | 2 | | through a tribunal outside this State
of another state pursuant | 3 | | to Section 318. In all other respects, Articles 3
through 6 7 | 4 | | do not apply , and the tribunal shall apply the procedural and
| 5 | | substantive law of this State.
| 6 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 7 | | (750 ILCS 22/211)
| 8 | | Sec. 211. Continuing, exclusive jurisdiction to modify | 9 | | spousal-support
order. | 10 | | (a) A tribunal of this State issuing a spousal-support | 11 | | order consistent with
the law of this State has continuing, | 12 | | exclusive jurisdiction to modify the
spousal-support order | 13 | | throughout the existence of the support obligation.
| 14 | | (b) A tribunal of this State may not modify a | 15 | | spousal-support order issued
by a tribunal of another state or | 16 | | a foreign country having continuing, exclusive jurisdiction | 17 | | over
that order under the law of that state or foreign country .
| 18 | | (c) A tribunal of this State that has continuing, exclusive | 19 | | jurisdiction
over a spousal-support order may serve as:
| 20 | | (1) an initiating tribunal to request a tribunal of | 21 | | another state to
enforce the spousal-support order issued | 22 | | in this State; or
| 23 | | (2) a responding tribunal to enforce or modify its own | 24 | | spousal-support
order.
| 25 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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| 1 | | (750 ILCS 22/301)
| 2 | | Sec. 301. Proceedings under Act.
| 3 | | (a) Except as otherwise provided in this Act, this Article | 4 | | applies to all
proceedings under this Act.
| 5 | | (b) An individual petitioner obligee or a support | 6 | | enforcement agency may initiate a
proceeding authorized under | 7 | | this Act by filing a petition in an initiating
tribunal for | 8 | | forwarding to a responding tribunal or by filing a petition or | 9 | | a
comparable pleading directly in a tribunal of another state | 10 | | or a foreign country which has or can
obtain personal | 11 | | jurisdiction over the respondent obligor .
| 12 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 13 | | (750 ILCS 22/302)
| 14 | | Sec. 302. Proceeding by minor parent. A minor parent , or a | 15 | | guardian or other
legal representative of a minor parent , may | 16 | | maintain a proceeding on behalf of
or for the benefit of the | 17 | | minor's child.
| 18 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 19 | | (750 ILCS 22/304)
| 20 | | Sec. 304. Duties of initiating tribunal.
| 21 | | (a) Upon the filing of a petition authorized by this Act, | 22 | | an initiating
tribunal of this State shall forward the petition | 23 | | and its accompanying
documents:
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| 1 | | (1) to the responding tribunal or appropriate support | 2 | | enforcement agency
in the responding state; or
| 3 | | (2) if the identity of the responding tribunal is | 4 | | unknown, to the state
information agency of the responding | 5 | | state with a request that they be
forwarded to the | 6 | | appropriate tribunal and that receipt be acknowledged.
| 7 | | (b) If requested by the responding tribunal, a tribunal of | 8 | | this State
shall issue a certificate or other document and make | 9 | | findings required by the
law of the responding state. If the | 10 | | responding tribunal state is in a foreign country or
political | 11 | | subdivision , upon request the tribunal of this State shall | 12 | | specify the amount of
support sought, convert that amount into | 13 | | the equivalent amount in the foreign
currency under applicable | 14 | | official or market exchange rate as publicly
reported, and | 15 | | provide any other documents necessary to satisfy the | 16 | | requirements
of the responding foreign tribunal state .
| 17 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 18 | | (750 ILCS 22/305)
| 19 | | Sec. 305. Duties and powers of responding tribunal.
| 20 | | (a) When a responding tribunal of this State receives a | 21 | | petition or
comparable pleading from an initiating tribunal or | 22 | | directly pursuant to
Section 301(b), it shall cause the | 23 | | petition or pleading to be filed and
notify the petitioner | 24 | | obligee where and when it was filed.
| 25 | | (b) A responding tribunal of this State, to the extent not |
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| 1 | | prohibited by
other law, may do one or more of the following:
| 2 | | (1) establish issue or enforce a support order, modify | 3 | | a child-support order,
determine the controlling | 4 | | child-support order, or determine parentage of a child ;
| 5 | | (2) order an obligor to comply with a support order, | 6 | | specifying the
amount and the manner of compliance;
| 7 | | (3) order income withholding;
| 8 | | (4) determine the amount of any arrearages, and specify | 9 | | a method of
payment;
| 10 | | (5) enforce orders by civil or criminal contempt, or | 11 | | both;
| 12 | | (6) set aside property for satisfaction of the support | 13 | | order;
| 14 | | (7) place liens and order execution on the obligor's | 15 | | property;
| 16 | | (8) order an obligor to keep the tribunal informed of | 17 | | the obligor's
current residential address, electronic-mail | 18 | | address, telephone number, employer, address of
| 19 | | employment, and telephone number at the place of | 20 | | employment;
| 21 | | (9) issue a bench warrant for an obligor who has failed | 22 | | after proper
notice to appear at a hearing ordered by the | 23 | | tribunal and enter the bench
warrant in any local and state | 24 | | computer systems for criminal warrants;
| 25 | | (10) order the obligor to seek appropriate employment | 26 | | by specified
methods;
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| 1 | | (11) award reasonable attorney's fees and other fees | 2 | | and costs; and
| 3 | | (12) grant any other available remedy.
| 4 | | (c) A responding tribunal of this State shall include in a | 5 | | support order
issued under this Act, or in the documents | 6 | | accompanying the order, the
calculations on which the support | 7 | | order is based.
| 8 | | (d) A responding tribunal of this State may not condition | 9 | | the payment of a
support order issued under this Act upon | 10 | | compliance by a party with provisions
for visitation.
| 11 | | (e) If a responding tribunal of this State issues an order | 12 | | under this
Act, the tribunal shall send a copy of the order to | 13 | | the petitioner
obligee and the respondent obligor and to the | 14 | | initiating tribunal, if any.
| 15 | | (f) If requested to enforce a support order, arrears, or | 16 | | judgment judgement or
modify a support order stated in a | 17 | | foreign currency, a responding tribunal of
this State shall | 18 | | convert the amount stated in the foreign currency to the
| 19 | | equivalent amount in dollars under the applicable official or | 20 | | market exchange
rate as publicly reported.
| 21 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 22 | | (750 ILCS 22/306)
| 23 | | Sec. 306. Inappropriate tribunal. If a petition or | 24 | | comparable pleading
is received by an inappropriate tribunal of | 25 | | this State, the tribunal shall
forward the pleading and |
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| 1 | | accompanying documents to an appropriate tribunal of in
this | 2 | | State or another state and notify the petitioner obligee where | 3 | | and when the pleading
was sent.
| 4 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 5 | | (750 ILCS 22/307)
| 6 | | Sec. 307. Duties of support enforcement agency.
| 7 | | (a) In a proceeding under this Act, a A support enforcement | 8 | | agency of this State, upon request : , | 9 | | (1) shall
provide services to a petitioner residing in | 10 | | a state; | 11 | | (2) shall provide services to a petitioner requesting | 12 | | services through a central authority of a foreign country | 13 | | as described in Section 102(5)(A) or (D); and | 14 | | (3) may provide services to a petitioner who is an | 15 | | individual not residing in a state proceeding under this | 16 | | Act .
| 17 | | This subsection does not affect any ability the support | 18 | | enforcement agency may
have to require an application for | 19 | | services, charge fees, or recover costs in
accordance with | 20 | | federal or State law and regulations.
| 21 | | (b) A support enforcement agency of this State that is | 22 | | providing services to the
petitioner shall:
| 23 | | (1) take all steps necessary to enable an appropriate | 24 | | tribunal of in
this State , or another state , or a foreign | 25 | | country to obtain jurisdiction over the respondent;
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| 1 | | (2) request an appropriate tribunal to set a date, | 2 | | time, and place for
a hearing;
| 3 | | (3) make a reasonable effort to obtain all relevant | 4 | | information,
including information as to income and | 5 | | property of the parties;
| 6 | | (4) within five 10 days, exclusive of Saturdays, | 7 | | Sundays, and legal
holidays, after receipt of a written | 8 | | notice in a record from an initiating,
responding, or | 9 | | registering tribunal, send a copy of the notice to the
| 10 | | petitioner;
| 11 | | (5) within five 10 days, exclusive of Saturdays, | 12 | | Sundays, and legal holidays,
after receipt of a written | 13 | | communication in a record from the respondent or
the | 14 | | respondent's attorney, send a copy of the communication to | 15 | | the petitioner;
and
| 16 | | (6) notify the petitioner if jurisdiction over the | 17 | | respondent cannot be
obtained.
| 18 | | (c) A support enforcement agency of this State that | 19 | | requests registration
of a child-support order in this State | 20 | | for enforcement or for modification
shall make reasonable | 21 | | efforts:
| 22 | | (1) to ensure that the order to be registered is the | 23 | | controlling order; or
| 24 | | (2) if two or more child-support orders exist and the | 25 | | identity of the
controlling order has not been determined, | 26 | | to ensure that a request for such a
determination is made |
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| 1 | | in a tribunal having jurisdiction to do so.
| 2 | | (d) A support enforcement agency of this State that | 3 | | requests registration
and enforcement of a support order, | 4 | | arrears, or judgment judgement stated in a foreign
currency | 5 | | shall convert the amounts stated in the foreign currency into | 6 | | the
equivalent amounts in dollars under the applicable official | 7 | | or market exchange
rate as publicly reported.
| 8 | | (e) A support enforcement agency of this State shall issue | 9 | | or request a
tribunal of this State to issue a child-support | 10 | | order and an income-withholding
order that redirect payment of | 11 | | current support, arrears, and interest if
requested to do so by | 12 | | a support enforcement agency of another state pursuant to
| 13 | | Section 319 of the Uniform Interstate Family Support Act .
| 14 | | (f) This Act does not create or negate a relationship of
| 15 | | attorney and client or other fiduciary relationship between a | 16 | | support
enforcement agency or the attorney for the agency and | 17 | | the individual being
assisted by the agency.
| 18 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 19 | | (750 ILCS 22/308)
| 20 | | Sec. 308. Duty of Attorney General. | 21 | | (a) If the support enforcement agency is
a prosecuting | 22 | | attorney of this State and if the Attorney General determines
| 23 | | that the support enforcement agency is neglecting or refusing | 24 | | to provide
services to an individual, the Attorney General may | 25 | | order the agency to perform
its duties under this Act or may |
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| 1 | | provide those services directly to the
individual. | 2 | | (b) The Attorney General may determine that a foreign | 3 | | country has established a reciprocal arrangement for child | 4 | | support with this State and take appropriate action for | 5 | | notification of the determination.
| 6 | | (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 | 7 | | by P.A.
88-691 .)
| 8 | | (750 ILCS 22/310)
| 9 | | Sec. 310. Duties of the Illinois Department of Healthcare | 10 | | and Family Services.
| 11 | | (a) The Illinois Department of Healthcare and Family | 12 | | Services is the state information agency
under this Act.
| 13 | | (b) The state information agency shall:
| 14 | | (1) compile and maintain a current list, including | 15 | | addresses, of the
tribunals in this State which have | 16 | | jurisdiction under this Act and any
support enforcement | 17 | | agencies in this State and transmit a copy to the state
| 18 | | information agency of every other state;
| 19 | | (2) maintain a register of names and addresses of | 20 | | tribunals and
support enforcement agencies received from | 21 | | other states;
| 22 | | (3) forward to the appropriate tribunal in the county | 23 | | in this State in
which the obligee who is an individual or | 24 | | the obligor resides, or in which
the obligor's property is | 25 | | believed to be located, all documents concerning a
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| 1 | | proceeding under this Act received from another state or a | 2 | | foreign country an initiating tribunal or the state
| 3 | | information agency of the initiating state ; and
| 4 | | (4) obtain information concerning the location of the | 5 | | obligor and the
obligor's property within this State not | 6 | | exempt from execution, by such means
as postal verification | 7 | | and federal or state locator services, examination of
| 8 | | telephone directories, requests for the obligor's address | 9 | | from employers, and
examination of governmental records, | 10 | | including, to the extent not prohibited by
other law, those | 11 | | relating to real property, vital statistics, law | 12 | | enforcement,
taxation, motor vehicles, driver's licenses, | 13 | | and social security.
| 14 | | (c) The Department of Healthcare and Family Services may | 15 | | determine that a foreign
country or political subdivision has | 16 | | established a reciprocal arrangement for
child support with | 17 | | Illinois and take appropriate action for notification of
this | 18 | | determination.
| 19 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 20 | | (750 ILCS 22/311)
| 21 | | Sec. 311. Pleadings and accompanying documents.
| 22 | | (a) In a proceeding under this Act, a petitioner seeking to | 23 | | establish a
support order , to determine parentage of a child, | 24 | | or to register and modify a support order
of a tribunal of | 25 | | another state or a foreign country must file a petition. Unless |
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| 1 | | otherwise ordered under Section
312, the petition or | 2 | | accompanying documents
must provide, so far as known, the name, | 3 | | residential address, and social
security numbers of the obligor | 4 | | respondent and the obligee petitioner or the parent and
alleged | 5 | | parent, and the name,
sex, residential address, social security | 6 | | number, and date of
birth of each child for whose benefit | 7 | | support is sought or whose
parentage is to be determined. | 8 | | Unless filed at the time of registration,
the petition must be
| 9 | | accompanied by a copy of any support order known to have been
| 10 | | issued by another tribunal. The
petition may include any other | 11 | | information that may assist in locating or
identifying the | 12 | | respondent.
| 13 | | (b) The petition must specify the relief sought. The
| 14 | | petition and accompanying documents must conform substantially | 15 | | with the
requirements imposed by the forms mandated by federal | 16 | | law for
use in cases filed by a support enforcement agency.
| 17 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 18 | | (750 ILCS 22/312)
| 19 | | Sec. 312. Nondisclosure of information in exceptional | 20 | | circumstances. If a
party alleges in an affidavit or a pleading | 21 | | under oath that the health, safety,
or liberty of a party or | 22 | | child would be jeopardized by disclosure of specific
| 23 | | identifying information, that information must be sealed and | 24 | | may not be
disclosed to the other party or the public. After a | 25 | | hearing in which a tribunal
takes into consideration the |
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| 1 | | health, safety, or liberty of the party or child,
the tribunal | 2 | | may order disclosure of information that the tribunal | 3 | | determines
to be in the interest of justice.
| 4 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 5 | | (750 ILCS 22/313)
| 6 | | Sec. 313. Costs and fees.
| 7 | | (a) The petitioner may not be required to pay a filing fee
| 8 | | or other costs.
| 9 | | (b) If an obligee a petitioner prevails, a responding | 10 | | tribunal of this State may
assess against an obligor
a | 11 | | respondent filing fees, reasonable attorney's fees, other
| 12 | | costs, and necessary
travel and other reasonable expenses | 13 | | incurred by the obligee petitioner
and the obligee's
| 14 | | petitioner's witnesses. The tribunal may not assess fees,
| 15 | | costs,
or expenses against the obligee petitioner or the | 16 | | support enforcement
agency of either
the initiating or the | 17 | | responding state or foreign country , except as provided by | 18 | | other
law. Attorney's fees may be taxed as costs, and may be | 19 | | ordered paid
directly to the attorney, who may enforce the | 20 | | order in the attorney's
own name. Payment of support owed to | 21 | | the obligee petitioner has
priority over fees,
costs , and | 22 | | expenses.
| 23 | | (c) The tribunal shall order the payment of costs and
| 24 | | reasonable attorney's fees if it determines that a hearing was | 25 | | requested
primarily for delay. In a proceeding under Article 6,
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| 1 | | a hearing is presumed to have been requested primarily for | 2 | | delay if a
registered support order is confirmed or enforced | 3 | | without change.
| 4 | | (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 | 5 | | by P.A.
88-691; 88-691, eff. 1-24-95 .)
| 6 | | (750 ILCS 22/314)
| 7 | | Sec. 314. Limited immunity of petitioner.
| 8 | | (a) Participation by a petitioner in a proceeding under | 9 | | this Act before a
responding tribunal, whether in person, by | 10 | | private attorney, or through
services provided by the support | 11 | | enforcement agency, does not confer personal
jurisdiction over | 12 | | the petitioner in another proceeding.
| 13 | | (b) A petitioner is not amenable to service of civil | 14 | | process while
physically present in this State to participate | 15 | | in a proceeding under
this Act.
| 16 | | (c) The immunity granted by this Section does not extend
to | 17 | | civil litigation based on acts unrelated to a proceeding under | 18 | | this
Act committed by a party while physically present in this | 19 | | State to participate
in the proceeding.
| 20 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 21 | | (750 ILCS 22/316)
| 22 | | Sec. 316. Special rules of evidence and procedure.
| 23 | | (a) The physical presence of a nonresident party who is an | 24 | | individual in
a tribunal of this State is not required for the |
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| 1 | | establishment, enforcement,
or modification of a support order | 2 | | or the rendition of a judgment determining
parentage of a | 3 | | child .
| 4 | | (b) An affidavit, a document substantially complying with | 5 | | federally
mandated forms, or a document incorporated by | 6 | | reference in any of them,
which would not be excluded under the | 7 | | hearsay rule if given in person, is
admissible in evidence if | 8 | | given under penalty of perjury by a party or witness
residing | 9 | | outside this State in another state .
| 10 | | (c) A copy of the record of child-support payments
| 11 | | certified as a true copy of the original by the custodian of | 12 | | the record may be
forwarded to a responding tribunal. The copy | 13 | | is evidence of facts
asserted in it, and is admissible to show | 14 | | whether payments were made.
| 15 | | (d) Copies of bills for testing for parentage of a child , | 16 | | and for prenatal and
postnatal health care of the mother and | 17 | | child, furnished to the
adverse party at least 10 days before | 18 | | trial, are admissible in
evidence to prove the amount of the | 19 | | charges billed and that the charges were
reasonable, necessary, | 20 | | and customary.
| 21 | | (e) Documentary evidence transmitted from outside this | 22 | | State another state
to a tribunal of this State by telephone, | 23 | | telecopier, or other electronic means
that do not provide an | 24 | | original record may not be excluded from
evidence on an | 25 | | objection based on the means of transmission.
| 26 | | (f) In a proceeding under this Act, a tribunal of this |
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| 1 | | State shall permit
a party or witness residing outside this | 2 | | State in another state to be deposed or to testify under | 3 | | penalty of perjury by
telephone, audiovisual means, or other | 4 | | electronic means at a designated
tribunal or other location in | 5 | | that state . A tribunal of this State shall
cooperate with other | 6 | | tribunals of other states in designating an appropriate
| 7 | | location for the deposition or testimony.
| 8 | | (g) If a party called to testify at a civil hearing refuses
| 9 | | to answer on the ground that the testimony may be | 10 | | self-incriminating,
the trier of fact may draw an adverse | 11 | | inference from the refusal.
| 12 | | (h) A privilege against disclosure of communications | 13 | | between
spouses does not apply in a proceeding under this Act.
| 14 | | (i) The defense of immunity based on the relationship of
| 15 | | husband and wife or parent and child does not apply in a | 16 | | proceeding
under this Act.
| 17 | | (j) A voluntary acknowledgment of paternity, certified as a | 18 | | true copy,
is admissible to establish parentage of the child.
| 19 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 20 | | (750 ILCS 22/317)
| 21 | | Sec. 317. Communications between tribunals. A tribunal of | 22 | | this State may
communicate with a tribunal outside this State | 23 | | of another state or foreign country or political
subdivision in | 24 | | a record , or by telephone , electronic mail, or other means, to | 25 | | obtain information
concerning the laws, the legal effect of a |
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| 1 | | judgment, decree, or order of that
tribunal, and the status of | 2 | | a proceeding in the other state or foreign country
or political | 3 | | subdivision . A tribunal of this State may furnish similar
| 4 | | information by similar means to a tribunal outside this State | 5 | | of another state or foreign country
or political subdivision .
| 6 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 7 | | (750 ILCS 22/318)
| 8 | | Sec. 318. Assistance with discovery. A tribunal of this | 9 | | State may:
| 10 | | (1) request a tribunal outside this State of another state | 11 | | to assist in obtaining discovery;
and
| 12 | | (2) upon request, compel a person over which whom it has | 13 | | jurisdiction to respond
to
a discovery order issued by a | 14 | | tribunal outside this State of another state .
| 15 | | (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 | 16 | | by P.A.
88-691 .)
| 17 | | (750 ILCS 22/319)
| 18 | | Sec. 319. Receipt and disbursement of payments. | 19 | | (a) A support enforcement agency
or tribunal of this State | 20 | | shall disburse promptly any amounts received pursuant
to a | 21 | | support order, as directed by the order. The agency or tribunal | 22 | | shall
furnish to a requesting party or tribunal of another | 23 | | state or a foreign country a certified
statement by the | 24 | | custodian of the record of the amounts and dates of all
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| 1 | | payments received.
| 2 | | (b) If neither the obligor, nor the obligee who is an | 3 | | individual, nor the
child resides in this State, upon request | 4 | | from the support enforcement agency
of this State or another | 5 | | state, the support enforcement agency of this State
or a | 6 | | tribunal of this State shall:
| 7 | | (1) direct that the support payment be made to the | 8 | | support enforcement
agency in the state in which the | 9 | | obligee is receiving services; and
| 10 | | (2) issue and send to the obligor's employer a | 11 | | conforming
income-withholding order or an administrative | 12 | | notice of change of payee,
reflecting the redirected | 13 | | payments.
| 14 | | (c) (3) The support enforcement agency of this State | 15 | | receiving redirected
payments from another state pursuant to a | 16 | | law similar to subsection (b) shall
furnish to a requesting | 17 | | party or tribunal of the other state a certified
statement by | 18 | | the custodian of the record of the amount and dates of all
| 19 | | payments received.
| 20 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 21 | | (750 ILCS 22/Art. 4 heading) | 22 | | ARTICLE 4. ESTABLISHMENT OF SUPPORT ORDER
| 23 | | OR DETERMINATION OF PARENTAGE
| 24 | | (750 ILCS 22/401)
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| 1 | | Sec. 401. Establishment of Petition to establish support | 2 | | order.
| 3 | | (a) If a support order entitled to recognition under this | 4 | | Act has not been
issued, a responding tribunal of this State | 5 | | with personal jurisdiction over the parties may issue a support | 6 | | order if:
| 7 | | (1) the individual seeking the order resides outside | 8 | | this State in another state ; or
| 9 | | (2) the support enforcement agency seeking the order is | 10 | | located outside this State
in another state .
| 11 | | (b) The tribunal may issue a temporary child-support
order | 12 | | if the tribunal determines that such an order is appropriate | 13 | | and the
individual ordered to pay is:
| 14 | | (1) a presumed father of the child;
| 15 | | (2) petitioning to have his paternity adjudicated;
| 16 | | (3) identified as the father of the child through | 17 | | genetic testing;
| 18 | | (4) an alleged father who has declined to submit to | 19 | | genetic testing;
| 20 | | (5) shown by clear and convincing evidence to be the | 21 | | father of the child;
| 22 | | (6) an acknowledged father as provided by applicable | 23 | | State law;
| 24 | | (7) the mother of the child; or
| 25 | | (8) an individual who has been ordered to pay child | 26 | | support in a previous
proceeding and the order has not been |
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| 1 | | reversed or vacated.
| 2 | | (c) Upon finding, after notice and opportunity to be heard, | 3 | | that an obligor a
respondent owes a duty of support, the | 4 | | tribunal shall issue a support order
directed to the obligor | 5 | | respondent and may issue other orders pursuant to Section
305.
| 6 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 7 | | (750 ILCS 22/402 new) | 8 | | Sec. 402. Proceeding to determine parentage. A tribunal of | 9 | | this State authorized to determine parentage of a child may | 10 | | serve as a responding tribunal in a proceeding to determine | 11 | | parentage of a child brought under this Act or a law or | 12 | | procedure substantially similar to this Act. | 13 | | (750 ILCS 22/Art. 5 heading) | 14 | | ARTICLE 5. ENFORCEMENT OF SUPPORT ORDER
| 15 | | OF ANOTHER STATE WITHOUT REGISTRATION
| 16 | | (750 ILCS 22/502)
| 17 | | Sec. 502. Employer's compliance with income-withholding | 18 | | order of another
state. | 19 | | (a) Upon receipt of an income-withholding order, the | 20 | | obligor's employer
shall immediately provide a copy of the | 21 | | order to the obligor.
| 22 | | (b) The employer shall treat an income-withholding order | 23 | | issued in another
state which appears regular on its face as if |
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| 1 | | it had been issued by a tribunal
of this State.
| 2 | | (c) Except as otherwise provided in subsection (d) and | 3 | | Section 503 ,
the employer shall withhold and distribute the | 4 | | funds as directed in the
withholding order by complying with | 5 | | terms of the order which specify:
| 6 | | (1) the duration and amount of periodic payments of | 7 | | current
child-support, stated as a sum certain;
| 8 | | (2) the person designated to receive payments and the
| 9 | | address to which the payments are to be forwarded;
| 10 | | (3) medical support, whether in the form of periodic | 11 | | cash payment, stated
as a sum certain, or ordering the | 12 | | obligor to provide health insurance coverage
for the child | 13 | | under a policy available through the obligor's employment;
| 14 | | (4) the amount of periodic payments of fees and costs | 15 | | for a support
enforcement agency, the issuing tribunal, and | 16 | | the obligee's attorney, stated
as sums certain; and
| 17 | | (5) the amount of periodic payments of arrearages and | 18 | | interest
on arrearages, stated as sums certain.
| 19 | | (d) An employer shall comply with the law of the state of | 20 | | the obligor's
principal place of employment for withholding | 21 | | from income with respect to:
| 22 | | (1) the employer's fee for processing an | 23 | | income-withholding order;
| 24 | | (2) the maximum amount permitted to be withheld from
| 25 | | the obligor's income; and
| 26 | | (3) the times within which the employer must implement |
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| 1 | | the
withholding order and forward the child-support child | 2 | | support payment.
| 3 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 4 | | (750 ILCS 22/503)
| 5 | | Sec. 503. Employer's compliance with two or more | 6 | | income-withholding orders.
If an obligor's employer receives | 7 | | two or more income-withholding orders with
respect to the | 8 | | earnings of the same obligor, the employer satisfies the terms
| 9 | | of the orders if the employer complies with the law of the | 10 | | state of the
obligor's principal place of employment to | 11 | | establish the priorities for
withholding and allocating income | 12 | | withheld for two or more child-support child support
obligees.
| 13 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 14 | | (750 ILCS 22/504)
| 15 | | Sec. 504. Immunity from civil liability. An employer that | 16 | | who complies with an
income-withholding order issued in
another | 17 | | state in accordance with this Article is not subject to civil | 18 | | liability
to an individual or agency with regard to the | 19 | | employer's withholding of child
support from the obligor's | 20 | | income.
| 21 | | (Source: P.A. 90-240, eff. 7-28-97.)
| 22 | | (750 ILCS 22/505)
| 23 | | Sec. 505. Penalties for noncompliance. An employer that who |
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| 1 | | willfully fails to
comply with an income-withholding
order | 2 | | issued in by another state and received for enforcement is | 3 | | subject to the
same penalties that may be imposed for | 4 | | noncompliance with an order issued by a
tribunal of this State.
| 5 | | (Source: P.A. 90-240, eff. 7-28-97.)
| 6 | | (750 ILCS 22/506)
| 7 | | Sec. 506. Contest by obligor.
| 8 | | (a) An obligor may contest the validity or enforcement of | 9 | | an
income-withholding order issued in another state and | 10 | | received directly by an
employer in this State by registering | 11 | | the order in a tribunal of this State
and filing a contest to | 12 | | that order as provided in Article 6, or otherwise
contesting | 13 | | the order in the same manner as if the order had been issued by | 14 | | a
tribunal of this State.
| 15 | | (b) The obligor shall give notice of the contest to:
| 16 | | (1) a support enforcement agency providing services to | 17 | | the obligee;
| 18 | | (2) each employer that has directly received an | 19 | | income-withholding
order relating to the obligor; and
| 20 | | (3) the person designated to receive payments in the | 21 | | income-withholding
order or , if no person is designated, to | 22 | | the obligee.
| 23 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 24 | | (750 ILCS 22/507)
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| 1 | | Sec. 507. Administrative enforcement of orders.
| 2 | | (a) A party or support enforcement agency seeking to | 3 | | enforce a support
order or an income-withholding order, or | 4 | | both, issued in by a tribunal of another
state or a foreign | 5 | | support order may send the documents required for registering | 6 | | the order to a support
enforcement agency of this State.
| 7 | | (b) Upon receipt of the documents, the support enforcement | 8 | | agency, without
initially seeking to register the order, shall | 9 | | consider and, if appropriate,
use any administrative procedure | 10 | | authorized by the law of this State to enforce
a support order | 11 | | or an income-withholding order, or both. If the obligor does
| 12 | | not contest administrative enforcement, the order need not be | 13 | | registered. If
the obligor contests the validity or | 14 | | administrative enforcement of the order,
the support | 15 | | enforcement agency shall register the order pursuant to this | 16 | | Act.
| 17 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 18 | | (750 ILCS 22/Art. 6 Pt. 1 heading) | 19 | | PART 1 | 20 | | REGISTRATION FOR AND ENFORCEMENT
| 21 | | OF SUPPORT ORDER
| 22 | | (Source: P.A. 88-550 .)
| 23 | | (750 ILCS 22/601)
| 24 | | Sec. 601. Registration of order for enforcement. A support |
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| 1 | | order or
income-withholding order issued in by a tribunal of | 2 | | another state or a foreign support order may be
registered in | 3 | | this State for enforcement.
| 4 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 5 | | (750 ILCS 22/602)
| 6 | | Sec. 602. Procedure to register order for enforcement.
| 7 | | (a) Except as otherwise provided in Section 706, a A | 8 | | support order or income-withholding order of another state or a | 9 | | foreign support order may be
registered in this State by | 10 | | sending the following records and information to
the | 11 | | appropriate tribunal in this State:
| 12 | | (1) a letter of transmittal to the tribunal requesting | 13 | | registration and
enforcement;
| 14 | | (2) 2 copies, including one certified copy, of the | 15 | | order to be
registered, including any modification of the | 16 | | order;
| 17 | | (3) a sworn statement by the person requesting | 18 | | registration or a
certified statement by the custodian of | 19 | | the records showing the amount
of any arrearage;
| 20 | | (4) the name of the obligor and, if known:
| 21 | | (A) (i) the obligor's address and social security | 22 | | number;
| 23 | | (B) (ii) the name and address of the obligor's | 24 | | employer and any
other source of income of the obligor; | 25 | | and
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| 1 | | (C) (iii) a description and the location of | 2 | | property of
the obligor in this State not exempt from | 3 | | execution; and
| 4 | | (5) except as otherwise provided in Section 312, the | 5 | | name and address
of the obligee and, if applicable, the | 6 | | person to whom support payments are
to be remitted.
| 7 | | (b) On receipt of a request for registration, the | 8 | | registering tribunal
shall cause the order to be filed as an | 9 | | order of a tribunal of another state or a foreign support order | 10 | | judgment , together with one
copy of the documents and | 11 | | information, regardless of their form.
| 12 | | (c) A petition or comparable pleading seeking a remedy
that | 13 | | must be affirmatively sought under other law of this State may | 14 | | be
filed at the same time as the request for registration or | 15 | | later. The
pleading must specify the grounds for the remedy | 16 | | sought.
| 17 | | (d) If two or more orders are in effect, the person | 18 | | requesting
registration shall:
| 19 | | (1) furnish to the tribunal a copy of every support | 20 | | order asserted
to be in effect in addition to the documents | 21 | | specified in this Section;
| 22 | | (2) specify the order alleged to be the controlling | 23 | | order, if any; and
| 24 | | (3) specify the amount of consolidated arrears, if any.
| 25 | | (e) A request for a determination of which is the | 26 | | controlling order may be
filed separately or with a request for |
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| 1 | | registration and enforcement or for
registration and | 2 | | modification. The person requesting registration shall give
| 3 | | notice of the request to each party whose rights may be | 4 | | affected by the
determination.
| 5 | | (Source: P.A. 92-463, eff. 8-22-01; 93-479, eff. 1-1-04, | 6 | | operative 7-1-04 .)
| 7 | | (750 ILCS 22/603)
| 8 | | Sec. 603. Effect of registration for enforcement.
| 9 | | (a) A support order or income-withholding order issued in | 10 | | another
state or a foreign support order is registered when the | 11 | | order is filed in the registering
tribunal of this State.
| 12 | | (b) A registered support order issued in another state or a | 13 | | foreign country is enforceable in the
same manner and is | 14 | | subject to the same procedures as an order issued by
a tribunal | 15 | | of this State.
| 16 | | (c) Except as otherwise provided in this Act Article , a
| 17 | | tribunal of this State shall recognize and enforce, but may not | 18 | | modify, a
registered support order if the issuing tribunal had | 19 | | jurisdiction.
| 20 | | (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 | 21 | | by P.A.
88-691 .)
| 22 | | (750 ILCS 22/604)
| 23 | | Sec. 604. Choice of law.
| 24 | | (a) Except as otherwise provided in subsection (d), the law |
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| 1 | | of the
issuing state or foreign country governs:
| 2 | | (1) the nature, extent, amount, and duration of current | 3 | | payments
under a registered support order;
| 4 | | (2) the computation and payment of arrearages and | 5 | | accrual of
interest on the arrearages under the support | 6 | | order; and
| 7 | | (3) the existence and satisfaction of other | 8 | | obligations under the
support order.
| 9 | | (b) In a proceeding for arrears under a registered support | 10 | | order, the
statute of limitation of this State , or of the | 11 | | issuing state or foreign country , whichever is
longer, applies.
| 12 | | (c) A responding tribunal of this State shall apply the | 13 | | procedures and
remedies of this State to enforce current | 14 | | support and collect arrears and
interest due on a support order | 15 | | of another state or a foreign country registered in this State.
| 16 | | (d) After a tribunal of this State or another state | 17 | | determines which is the
controlling order and issues an order | 18 | | consolidating arrears, if any, a tribunal
of this State shall | 19 | | prospectively apply the law of the state or foreign country | 20 | | issuing the
controlling order, including its law on interest on | 21 | | arrears, on current and
future support, and on consolidated | 22 | | arrears.
| 23 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 24 | | (750 ILCS 22/605)
| 25 | | Sec. 605. Notice of registration of order.
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| 1 | | (a) When a support order or income-withholding order issued | 2 | | in another
state or a foreign support order is registered, the | 3 | | registering tribunal of this State shall notify the | 4 | | nonregistering
party. The notice must be accompanied by a copy | 5 | | of the registered order and
the documents and relevant | 6 | | information accompanying the order.
| 7 | | (b) A notice must inform the nonregistering party:
| 8 | | (1) that a registered support order is enforceable as | 9 | | of the date of registration
in the same manner as an order | 10 | | issued by a tribunal of this State;
| 11 | | (2) that a hearing to contest the validity or | 12 | | enforcement of the
registered order must be requested | 13 | | within 20 days after the
date of mailing or personal | 14 | | service of the notice unless the registered order is under | 15 | | Section 707 ;
| 16 | | (3) that failure to contest the validity or enforcement | 17 | | of the
registered order in a timely manner will result in | 18 | | confirmation
of the order and enforcement of the order and | 19 | | the alleged arrearages and
precludes further contest of | 20 | | that order with respect to any matter that
could have been | 21 | | asserted ; and
| 22 | | (4) of the amount of any alleged arrearages.
| 23 | | (c) If the registering party asserts that two or more | 24 | | orders are in
effect, a notice must also:
| 25 | | (1) identify the two or more orders and the order | 26 | | alleged by the
registering party person to be the |
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| 1 | | controlling order and the consolidated arrears,
if any;
| 2 | | (2) notify the nonregistering party of the right to a | 3 | | determination of
which is the controlling order;
| 4 | | (3) state that the procedures provided in subsection | 5 | | (b) apply to the
determination of which is the controlling | 6 | | order; and
| 7 | | (4) state that failure to contest the validity or | 8 | | enforcement of the
order alleged to be the controlling | 9 | | order in a timely manner may result in
confirmation that | 10 | | the order is the controlling order.
| 11 | | (d) Upon registration of an income-withholding order for
| 12 | | enforcement, the support enforcement agency or the registering | 13 | | tribunal shall notify the obligor's employer
pursuant to the | 14 | | Income Withholding for Support Act.
| 15 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 16 | | (750 ILCS 22/606)
| 17 | | Sec. 606. Procedure to contest validity or
enforcement of | 18 | | registered support order. | 19 | | (a) A nonregistering party seeking to contest the
validity | 20 | | or enforcement of a registered support order in this State | 21 | | shall request a
hearing within the time required by Section 605 | 22 | | 20 days after the date of mailing or personal service
of notice | 23 | | of the registration . The nonregistering party may seek to | 24 | | vacate
the registration, to assert any defense to an allegation | 25 | | of
noncompliance with
the registered order, or to contest the |
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| 1 | | remedies being sought
or the amount of any alleged arrearages | 2 | | pursuant to Section 607.
| 3 | | (b) If the nonregistering party fails to contest the
| 4 | | validity or enforcement of the registered support order in a | 5 | | timely manner, the
order is confirmed by operation of law.
| 6 | | (c) If a nonregistering party requests a hearing to
contest | 7 | | the validity or enforcement of the registered support order, | 8 | | the
registering tribunal shall schedule the matter for hearing | 9 | | and give notice to
the parties of the date, time, and place of | 10 | | the hearing.
| 11 | | (Source: P.A. 90-240, eff. 7-28-97.)
| 12 | | (750 ILCS 22/607)
| 13 | | Sec. 607. Contest of registration or enforcement.
| 14 | | (a) A party contesting the validity or enforcement of a | 15 | | registered support order
or seeking to vacate the registration | 16 | | has the burden of proving one or more
of the following | 17 | | defenses:
| 18 | | (1) the issuing tribunal lacked personal jurisdiction
| 19 | | over the contesting party;
| 20 | | (2) the order was obtained by fraud;
| 21 | | (3) the order has been vacated, suspended, or modified | 22 | | by a later order;
| 23 | | (4) the issuing tribunal has stayed the order pending | 24 | | appeal;
| 25 | | (5) there is a defense under the law of this State to |
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| 1 | | the remedy sought;
| 2 | | (6) full or partial payment has been made;
| 3 | | (7) the statute of limitation under Section 604 | 4 | | precludes enforcement of
some or all of the alleged | 5 | | arrearages; or
| 6 | | (8) the alleged controlling order is not the | 7 | | controlling order.
| 8 | | (b) If a party presents evidence establishing a full or
| 9 | | partial defense under subsection (a), a tribunal may stay | 10 | | enforcement
of a the registered support order, continue the | 11 | | proceeding to permit production
of additional relevant | 12 | | evidence, and issue other appropriate
orders. An uncontested | 13 | | portion of the registered support order may be enforced by
all | 14 | | remedies available under the law of this State.
| 15 | | (c) If the contesting party does not establish a defense
| 16 | | under subsection (a) to the validity or enforcement of a | 17 | | registered support the order, the
registering tribunal shall | 18 | | issue an order confirming the order.
| 19 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 20 | | (750 ILCS 22/608)
| 21 | | Sec. 608. Confirmed order. Confirmation of a registered | 22 | | support
order, whether by operation of law or after notice and | 23 | | hearing,
precludes further contest of the order with respect to | 24 | | any matter that
could have been asserted at the time of | 25 | | registration.
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| 1 | | (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 | 2 | | by P.A.
88-691 .)
| 3 | | (750 ILCS 22/Art. 6 Pt. 3 heading) | 4 | | PART 3. REGISTRATION AND MODIFICATION OF
| 5 | | CHILD-SUPPORT CHILD SUPPORT ORDER
| 6 | | OF ANOTHER STATE
| 7 | | (750 ILCS 22/609)
| 8 | | Sec. 609. Procedure to register child-support order of
| 9 | | another state for
modification. A party or support enforcement | 10 | | agency seeking to modify, or to
modify and enforce, a | 11 | | child-support order issued in
another state shall
register that | 12 | | order in this State in the same manner provided in Sections 601 | 13 | | through 608 Part 1 if the
order has not been registered. A | 14 | | petition for modification
may
be filed at the same time as a | 15 | | request for registration, or later. The
pleading must specify | 16 | | the grounds for modification.
| 17 | | (Source: P.A. 90-240, eff. 7-28-97.)
| 18 | | (750 ILCS 22/610)
| 19 | | Sec. 610. Effect of registration for modification. A | 20 | | tribunal of this State
may enforce a child-support order of | 21 | | another state registered for purposes of
modification, in the | 22 | | same manner as if the order had been issued by a tribunal
of | 23 | | this State, but the registered support order may be modified |
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| 1 | | only if the
requirements of Section 611 , 613, or 613 615 have | 2 | | been met.
| 3 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 4 | | (750 ILCS 22/611)
| 5 | | Sec. 611. Modification of child-support order of another | 6 | | state Child-Support Order of Another State .
| 7 | | (a) If Section 613 does not no apply, except as otherwise | 8 | | provided in Section
615, upon petition a tribunal of this State | 9 | | may modify a child-support order
issued in another state which | 10 | | is registered in this State if, after notice and
hearing, the | 11 | | tribunal finds that:
| 12 | | (1) the following requirements are met:
| 13 | | (A) neither the child, nor the obligee petitioner | 14 | | who is an individual, nor the obligor
respondent | 15 | | resides in the issuing state;
| 16 | | (B) a petitioner who is a nonresident of this State
| 17 | | seeks modification;
and
| 18 | | (C) the respondent is subject to the personal | 19 | | jurisdiction of the
tribunal of this State; or
| 20 | | (2) this State is the State of residence of the child, | 21 | | or a party who
is an individual is subject to the personal | 22 | | jurisdiction of the tribunal of
this State , and all of the | 23 | | parties who are individuals have filed consents in
a record | 24 | | in the issuing tribunal for a tribunal of this State to | 25 | | modify the
support order and assume continuing, exclusive |
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| 1 | | jurisdiction.
| 2 | | (b) Modification of a registered child-support order is | 3 | | subject to the same
requirements, procedures, and defenses that | 4 | | apply to the modification of an
order issued by a tribunal of | 5 | | this State and the order may be enforced and
satisfied in the | 6 | | same manner.
| 7 | | (c) A Except as otherwise provided in Section 615, a | 8 | | tribunal of this State
may not modify any aspect of a | 9 | | child-support order that may not be modified
under the law of | 10 | | the issuing state, including the duration of the obligation
of | 11 | | support. If two or more tribunals have issued child-support | 12 | | orders for the
same obligor and same child, the order that | 13 | | controls and must be so recognized
under Section 207 | 14 | | establishes the aspects of the support order which are
| 15 | | nonmodifiable.
| 16 | | (d) In a proceeding to modify a child-support order, the | 17 | | law of the state
that is determined to have issued the initial | 18 | | controlling order governs the
duration of the obligation of | 19 | | support. The obligor's fulfillment of the duty
of support | 20 | | established by that order precludes imposition of a further
| 21 | | obligation of support by a tribunal of this State.
| 22 | | (e) On the issuance of an order by a tribunal of this State | 23 | | modifying a
child-support order issued in another state, the | 24 | | tribunal of this State
becomes the tribunal having continuing, | 25 | | exclusive jurisdiction.
| 26 | | (f) Notwithstanding subsections (a) through (e) and |
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| 1 | | Section 201(b), a tribunal of this State retains jurisdiction | 2 | | to modify an order issued by a tribunal of this State if: | 3 | | (1) one party resides in another state; and | 4 | | (2) the other party resides outside the United States. | 5 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 6 | | (750 ILCS 22/612)
| 7 | | Sec. 612. Recognition of order modified in another state. | 8 | | If a
child-support order issued by a tribunal of this State is | 9 | | modified by
a tribunal of another state which assumed | 10 | | jurisdiction pursuant to the
Uniform Interstate Family Support | 11 | | Act, a tribunal of this State:
| 12 | | (1) may enforce its order that was modified only as to | 13 | | arrears and
interest accruing before the modification;
| 14 | | (2) may provide appropriate relief for violations of | 15 | | its order which
occurred before the effective date of the | 16 | | modification; and
| 17 | | (3) shall recognize the modifying order of the other | 18 | | state, upon
registration, for the purpose of enforcement.
| 19 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 20 | | (750 ILCS 22/Art. 6 Pt. 4 heading new) | 21 | | PART 4. REGISTRATION AND MODIFICATION | 22 | | OF FOREIGN CHILD-SUPPORT ORDER
| 23 | | (750 ILCS 22/615)
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| 1 | | Sec. 615. Jurisdiction to modify child-support order of | 2 | | foreign country or
political subdivision . | 3 | | (a) Except as otherwise provided in Section 711, if a | 4 | | foreign country lacks or refuses to exercise jurisdiction to | 5 | | modify its child-support order If a foreign country or | 6 | | political subdivision that otherwise meets the
requirements | 7 | | for inclusion under this Act as set forth in subpart (B) of the
| 8 | | definition of "State" contained in Section 102 will not
or may | 9 | | not modify its order pursuant to its laws, a tribunal of this | 10 | | State may
assume jurisdiction to modify the child-support order | 11 | | and bind all individuals
subject to the personal jurisdiction | 12 | | of the tribunal whether or not the consent
to modification of a | 13 | | child-support order otherwise required of the individual
| 14 | | pursuant to Section 611 has been given or whether the | 15 | | individual seeking
modification is a resident of this State or | 16 | | of the foreign country or political
subdivision .
| 17 | | (b) An order issued by a tribunal of this State modifying a | 18 | | foreign child-support order pursuant to this Section is the | 19 | | controlling order.
| 20 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 21 | | (750 ILCS 22/616 new) | 22 | | Sec. 616. Procedure to register child-support order of | 23 | | foreign country for modification. A party or support | 24 | | enforcement agency seeking to modify, or to modify and enforce, | 25 | | a foreign child-support order not under the Convention may |
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| 1 | | register that order in this State under Sections 601 through | 2 | | 608 if the order has not been registered. A petition for | 3 | | modification may be filed at the same time as a request for | 4 | | registration, or at another time. The petition must specify the | 5 | | grounds for modification. | 6 | | (750 ILCS 22/Art. 7 heading) | 7 | | ARTICLE 7. SUPPORT PROCEEDING UNDER CONVENTION | 8 | | DETERMINATION OF PARENTAGE
| 9 | | (750 ILCS 22/701)
| 10 | | Sec. 701. Definitions Proceeding to determine parentage . | 11 | | In this Article: | 12 | | (1) "Application" means a request under the Convention | 13 | | by an obligee or obligor, or on behalf of a child, made | 14 | | through a central authority for assistance from another | 15 | | central authority. | 16 | | (2) "Central authority" means the entity designated by | 17 | | the United States or a foreign country described in Section | 18 | | 102(5)(D) to perform the functions specified in the | 19 | | Convention. | 20 | | (3) "Convention support order" means a support order of | 21 | | a tribunal of a foreign country described in Section | 22 | | 102(5)(D). | 23 | | (4) "Direct request" means a petition filed by an | 24 | | individual in a tribunal of this State in a proceeding |
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| 1 | | involving an obligee, obligor, or child residing outside | 2 | | the United States. | 3 | | (5) "Foreign central authority" means the entity | 4 | | designated by a foreign country described in Section | 5 | | 102(5)(D) to perform the functions specified in the | 6 | | Convention. | 7 | | (6) "Foreign support agreement": | 8 | | (A) means an agreement for support in a record | 9 | | that: | 10 | | (i) is enforceable as a support order in the | 11 | | country of origin; | 12 | | (ii) has been: | 13 | | (I) formally drawn up or registered as an | 14 | | authentic instrument by a foreign tribunal; or | 15 | | (II) authenticated by, or concluded, | 16 | | registered, or filed with a foreign tribunal; | 17 | | and | 18 | | (iii) may be reviewed and modified by a foreign | 19 | | tribunal; and | 20 | | (B) includes a maintenance arrangement or | 21 | | authentic instrument under the Convention. | 22 | | (7) "United States central authority" means the | 23 | | Secretary of the United States Department
of Health and | 24 | | Human Services. A tribunal of this State
authorized to | 25 | | determine parentage of a child may serve as a responding
| 26 | | tribunal in a proceeding to determine parentage brought |
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| 1 | | under this Act or a
law substantially similar to this Act.
| 2 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 3 | | (750 ILCS 22/702 new) | 4 | | Sec. 702. Applicability. This Article applies only to a | 5 | | support proceeding under the Convention. In such a proceeding, | 6 | | if a provision of this Article is inconsistent with Articles 1 | 7 | | through 6, this Article controls. | 8 | | (750 ILCS 22/703 new) | 9 | | Sec. 703. Relationship of the Illinois Department of | 10 | | Healthcare and Family Services to United States central | 11 | | authority. The Department of Healthcare and Family Services of | 12 | | this State is recognized as the agency designated by the United | 13 | | States central authority to perform specific functions under | 14 | | the Convention. | 15 | | (750 ILCS 22/704 new) | 16 | | Sec. 704. Initiation by Illinois Department of Healthcare | 17 | | and Family Services of support proceeding under Convention. | 18 | | (a) In a support proceeding under this Article, the | 19 | | Department of Healthcare and Family Services of this State | 20 | | shall: | 21 | | (1) transmit and receive applications; and | 22 | | (2) initiate or facilitate the institution of a | 23 | | proceeding regarding an application in a tribunal of this |
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| 1 | | State. | 2 | | (b) The following support proceedings are available to an | 3 | | obligee under the Convention: | 4 | | (1) recognition or recognition and enforcement of a | 5 | | foreign support order; | 6 | | (2) enforcement of a support order issued or recognized | 7 | | in this State; | 8 | | (3) establishment of a support order if there is no | 9 | | existing order, including, if necessary, determination of | 10 | | parentage of a child; | 11 | | (4) establishment of a support order if recognition of | 12 | | a foreign support order is refused under Section 708(b)(2), | 13 | | (4), or (9); | 14 | | (5) modification of a support order of a tribunal of | 15 | | this State; and | 16 | | (6) modification of a support order of a tribunal of | 17 | | another state or a foreign country. | 18 | | (c) The following support proceedings are available under | 19 | | the Convention to an obligor against which there is an existing | 20 | | support order: | 21 | | (1) recognition of an order suspending or limiting | 22 | | enforcement of an existing support order of a tribunal of | 23 | | this State; | 24 | | (2) modification of a support order of a tribunal of | 25 | | this State; and | 26 | | (3) modification of a support order of a tribunal of |
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| 1 | | another state or a foreign country. | 2 | | (d) A tribunal of this State may not require security, | 3 | | bond, or deposit, however described, to guarantee the payment | 4 | | of costs and expenses in proceedings under the Convention. | 5 | | (750 ILCS 22/705 new) | 6 | | Sec. 705. Direct request. | 7 | | (a) A petitioner may file a direct request seeking | 8 | | establishment or modification of a support order or | 9 | | determination of parentage of a child. In the proceeding, the | 10 | | law of this State applies. | 11 | | (b) A petitioner may file a direct request seeking | 12 | | recognition and enforcement of a support order or support | 13 | | agreement. In the proceeding, Sections 706 through 713 apply. | 14 | | (c) In a direct request for recognition and enforcement of | 15 | | a Convention support order or foreign support agreement: | 16 | | (1) a security, bond, or deposit is not required to | 17 | | guarantee the payment of costs and expenses; and | 18 | | (2) an obligee or obligor that in the issuing country | 19 | | has benefited from free legal assistance is entitled to | 20 | | benefit, at least to the same extent, from any free legal | 21 | | assistance provided for by the law of this State under the | 22 | | same circumstances. | 23 | | (d) A petitioner filing a direct request is not entitled to | 24 | | assistance from the Illinois Department of Healthcare and | 25 | | Family Services. |
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| 1 | | (e) This Article does not prevent the application of laws | 2 | | of this State that provide simplified, more expeditious rules | 3 | | regarding a direct request for recognition and enforcement of a | 4 | | foreign support order or foreign support agreement. | 5 | | (750 ILCS 22/706 new) | 6 | | Sec. 706. Registration of convention support order. | 7 | | (a) Except as otherwise provided in this Article, a party | 8 | | who is an individual or a support enforcement agency seeking | 9 | | recognition of a Convention support order shall register the | 10 | | order in this State as provided in Article 6. | 11 | | (b) Notwithstanding Sections 311 and 602(a), a request for | 12 | | registration of a Convention support order must be accompanied | 13 | | by: | 14 | | (1) a complete text of the support order or an abstract | 15 | | or extract of the support order drawn up by the issuing | 16 | | foreign tribunal, which may be in the form recommended by | 17 | | the Hague Conference on Private International Law; | 18 | | (2) a record stating that the support order is | 19 | | enforceable in the issuing country; | 20 | | (3) if the respondent did not appear and was not | 21 | | represented in the proceedings in the issuing country, a | 22 | | record attesting, as appropriate, either that the | 23 | | respondent had proper notice of the proceedings and an | 24 | | opportunity to be heard or that the respondent had proper | 25 | | notice of the support order and an opportunity to be heard |
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| 1 | | in a challenge or appeal on fact or law before a tribunal; | 2 | | (4) a record showing the amount of arrears, if any, and | 3 | | the date the amount was calculated; | 4 | | (5) a record showing a requirement for automatic | 5 | | adjustment of the amount of support, if any, and the | 6 | | information necessary to make the appropriate | 7 | | calculations; and | 8 | | (6) if necessary, a record showing the extent to which | 9 | | the applicant received free legal assistance in the issuing | 10 | | country. | 11 | | (c) A request for registration of a Convention support | 12 | | order may seek recognition and partial enforcement of the | 13 | | order. | 14 | | (d) A tribunal of this State may vacate the registration of | 15 | | a Convention support order without the filing of a contest | 16 | | under Section 707 only if, acting on its own motion, the | 17 | | tribunal finds that recognition and enforcement of the order | 18 | | would be manifestly incompatible with public policy. | 19 | | (e) The tribunal shall promptly notify the parties of the | 20 | | registration or the order vacating the registration of a | 21 | | Convention support order. | 22 | | (750 ILCS 22/707 new) | 23 | | Sec. 707. Contest of registered Convention support order. | 24 | | (a) Except as otherwise provided in this Article, Sections | 25 | | 605 through 608 apply to a contest of a registered Convention |
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| 1 | | support order. | 2 | | (b) A party contesting a registered Convention support | 3 | | order shall file a contest not later than 30 days after notice | 4 | | of the registration, but if the contesting party does not | 5 | | reside in the United States, the contest must be filed not | 6 | | later than 60 days after notice of the registration. | 7 | | (c) If the nonregistering party fails to contest the | 8 | | registered Convention support order by the time specified in | 9 | | subsection (b), the order is enforceable. | 10 | | (d) A contest of a registered Convention support order may | 11 | | be based only on grounds set forth in Section 708. The | 12 | | contesting party bears the burden of proof. | 13 | | (e) In a contest of a registered Convention support order, | 14 | | a tribunal of this State: | 15 | | (1) is bound by the findings of fact on which the | 16 | | foreign tribunal based its jurisdiction; and | 17 | | (2) may not review the merits of the order. | 18 | | (f) A tribunal of this State deciding a contest of a | 19 | | registered Convention support order shall promptly notify the | 20 | | parties of its decision. | 21 | | (g) A challenge or appeal, if any, does not stay the | 22 | | enforcement of a Convention support order unless there are | 23 | | exceptional circumstances. | 24 | | (750 ILCS 22/708 new) | 25 | | Sec. 708. Recognition and enforcement of registered |
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| 1 | | Convention support order. | 2 | | (a) Except as otherwise provided in subsection (b), a | 3 | | tribunal of this State shall recognize and enforce a registered | 4 | | Convention support order. | 5 | | (b) The following grounds are the only grounds on which a | 6 | | tribunal of this State may refuse recognition and enforcement | 7 | | of a registered Convention support order: | 8 | | (1) recognition and enforcement of the order is | 9 | | manifestly incompatible with public policy, including the | 10 | | failure of the issuing tribunal to observe minimum | 11 | | standards of due process, which include notice and an | 12 | | opportunity to be heard; | 13 | | (2) the issuing tribunal lacked personal jurisdiction | 14 | | consistent with Section 201; | 15 | | (3) the order is not enforceable in the issuing | 16 | | country; | 17 | | (4) the order was obtained by fraud in connection with | 18 | | a matter of procedure; | 19 | | (5) a record transmitted in accordance with Section 706 | 20 | | lacks authenticity or integrity; | 21 | | (6) a proceeding between the same parties and having | 22 | | the same purpose is pending before a tribunal of this State | 23 | | and that proceeding was the first to be filed; | 24 | | (7) the order is incompatible with a more recent | 25 | | support order involving the same parties and having the | 26 | | same purpose if the more recent support order is entitled |
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| 1 | | to recognition and enforcement under this Act in this | 2 | | State; | 3 | | (8) payment, to the extent alleged arrears have been | 4 | | paid in whole or in part; | 5 | | (9) in a case in which the respondent neither appeared | 6 | | nor was represented in the proceeding in the issuing | 7 | | foreign country: | 8 | | (A) if the law of that country provides for prior | 9 | | notice of proceedings, the respondent did not have | 10 | | proper notice of the proceedings and an opportunity to | 11 | | be heard; or | 12 | | (B) if the law of that country does not provide for | 13 | | prior notice of the proceedings, the respondent did not | 14 | | have proper notice of the order and an opportunity to | 15 | | be heard in a challenge or appeal on fact or law before | 16 | | a tribunal; or | 17 | | (10) the order was made in violation of Section 711. | 18 | | (c) If a tribunal of this State does not recognize a | 19 | | Convention support order under subsection (b)(2), (4), or (9): | 20 | | (1) the tribunal may not dismiss the proceeding without | 21 | | allowing a reasonable time for a party to request the | 22 | | establishment of a new Convention support order; and | 23 | | (2) the Illinois Department of Healthcare and Family | 24 | | Services shall take all appropriate measures to request a | 25 | | child-support order for the obligee if the application for | 26 | | recognition and enforcement was received under Section |
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| 1 | | 704. | 2 | | (750 ILCS 22/709 new) | 3 | | Sec. 709. Partial enforcement. If a tribunal of this State | 4 | | does not recognize and enforce a Convention support order in | 5 | | its entirety, it shall enforce any severable part of the order. | 6 | | An application or direct request may seek recognition and | 7 | | partial enforcement of a Convention support order. | 8 | | (750 ILCS 22/710 new) | 9 | | Sec. 710. Foreign support agreement. | 10 | | (a) Except as otherwise provided in subsections (c) and | 11 | | (d), a tribunal of this State shall recognize and enforce a | 12 | | foreign support agreement registered in this State. | 13 | | (b) An application or direct request for recognition and | 14 | | enforcement of a foreign support agreement must be accompanied | 15 | | by: | 16 | | (1) a complete text of the foreign support agreement; | 17 | | and | 18 | | (2) a record stating that the foreign support agreement | 19 | | is enforceable as an order of support in the issuing | 20 | | country. | 21 | | (c) A tribunal of this State may vacate the registration of | 22 | | a foreign support agreement only if, acting on its own motion, | 23 | | the tribunal finds that recognition and enforcement would be | 24 | | manifestly incompatible with public policy. |
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| 1 | | (d) In a contest of a foreign support agreement, a tribunal | 2 | | of this State may refuse recognition and enforcement of the | 3 | | agreement if it finds: | 4 | | (1) recognition and enforcement of the agreement is | 5 | | manifestly incompatible with public policy; | 6 | | (2) the agreement was obtained by fraud or | 7 | | falsification; | 8 | | (3) the agreement is incompatible with a support order | 9 | | involving the same parties and having the same purpose in | 10 | | this State, another state, or a foreign country if the | 11 | | support order is entitled to recognition and enforcement | 12 | | under this Act in this State; or | 13 | | (4) the record submitted under subsection (b) lacks | 14 | | authenticity or integrity. | 15 | | (e) A proceeding for recognition and enforcement of a | 16 | | foreign support agreement must be suspended during the pendency | 17 | | of a challenge to or appeal of the agreement before a tribunal | 18 | | of another state or a foreign country. | 19 | | (750 ILCS 22/711 new) | 20 | | Sec. 711. Modification of Convention child-support order. | 21 | | (a) A tribunal of this State may not modify a Convention | 22 | | child-support order if the obligee remains a resident of the | 23 | | foreign country where the support order was issued unless: | 24 | | (1) the obligee submits to the jurisdiction of a | 25 | | tribunal of this State, either expressly or by defending on |
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| 1 | | the merits of the case without objecting to the | 2 | | jurisdiction at the first available opportunity; or | 3 | | (2) the foreign tribunal lacks or refuses to exercise | 4 | | jurisdiction to modify its support order or issue a new | 5 | | support order. | 6 | | (b) If a tribunal of this State does not modify a | 7 | | Convention child-support order because the order is not | 8 | | recognized in this State, Section 708(c) applies. | 9 | | (750 ILCS 22/712 new) | 10 | | Sec. 712. Personal information; limit on use. Personal | 11 | | information gathered or transmitted under this Article may be | 12 | | used only for the purposes for which it was gathered or | 13 | | transmitted. | 14 | | (750 ILCS 22/713 new) | 15 | | Sec. 713. Record in original language; English | 16 | | translation. A record filed with a tribunal of this State under | 17 | | this Article must be in the original language and, if not in | 18 | | English, must be accompanied by an English translation.
| 19 | | (750 ILCS 22/802)
| 20 | | Sec. 802. Conditions of rendition.
| 21 | | (a) Before making a demand that the governor of another | 22 | | state surrender an
individual charged criminally in this State | 23 | | with having failed to provide for
the support of an obligee, |
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| 1 | | the Governor of this State may require a prosecutor
of this | 2 | | State to demonstrate that at least 60 days previously the | 3 | | obligee had
initiated proceedings for support pursuant to this | 4 | | Act or that the proceeding
would be of no avail.
| 5 | | (b) If, under this Act or a law substantially similar to | 6 | | this Act, the
Governor of another state makes a
demand that the | 7 | | governor of this State surrender an individual charged
| 8 | | criminally in that state with having failed to provide for the | 9 | | support of a
child or other individual to whom a duty of | 10 | | support is owed, the governor may
require a prosecutor to | 11 | | investigate the demand and report whether a proceeding
for | 12 | | support has been initiated or would be effective. If it appears | 13 | | that a
proceeding would be effective but has not
been | 14 | | initiated, the governor may delay honoring the demand for a
| 15 | | reasonable time to permit the initiation of a proceeding.
| 16 | | (c) If a proceeding for support has been initiated and
the | 17 | | individual whose rendition is demanded prevails, the governor
| 18 | | may decline to honor the demand. If the petitioner obligee | 19 | | prevails and the
individual whose rendition is demanded is | 20 | | subject to a support order, the
governor may decline to honor | 21 | | the demand if the individual is complying
with the support | 22 | | order.
| 23 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 24 | | (750 ILCS 22/902 new) | 25 | | Sec. 902. Transitional provision. This amendatory Act of |
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| 1 | | the 99th General Assembly applies to proceedings begun on or | 2 | | after the effective date of this amendatory Act of the 99th | 3 | | General Assembly to establish a support order or determine | 4 | | parentage of a child or to register, recognize, enforce, or | 5 | | modify a prior support order, determination, or agreement, | 6 | | whenever issued or entered.
| 7 | | (750 ILCS 22/903)
| 8 | | Sec. 903 902 . Severability clause . If any provision of this | 9 | | Act or its
application to any person or circumstance is held | 10 | | invalid, the invalidity does
not affect other provisions or | 11 | | applications of this Act which can be given
effect without the | 12 | | invalid provision or application, and to this end the
| 13 | | provisions of this Act are severable.
| 14 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
| 15 | | (750 ILCS 22/905) (was 750 ILCS 22/903)
| 16 | | Sec. 905 903 . Effective date. (See Sec. 999 for effective | 17 | | date.)
| 18 | | (Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 750 ILCS 22/102 | was 750 ILCS 22/101 | | 4 | | 750 ILCS 22/103 | was 750 ILCS 22/102 | | 5 | | 750 ILCS 22/104 | was 750 ILCS 22/103 | | 6 | | 750 ILCS 22/105 new | | | 7 | | 750 ILCS 22/201 | | | 8 | | 750 ILCS 22/203 | | | 9 | | 750 ILCS 22/204 | | | 10 | | 750 ILCS 22/205 | | | 11 | | 750 ILCS 22/206 | | | 12 | | 750 ILCS 22/207 | | | 13 | | 750 ILCS 22/208 | | | 14 | | 750 ILCS 22/209 | | | 15 | | 750 ILCS 22/210 | | | 16 | | 750 ILCS 22/211 | | | 17 | | 750 ILCS 22/301 | | | 18 | | 750 ILCS 22/302 | | | 19 | | 750 ILCS 22/304 | | | 20 | | 750 ILCS 22/305 | | | 21 | | 750 ILCS 22/306 | | | 22 | | 750 ILCS 22/307 | | | 23 | | 750 ILCS 22/308 | | | 24 | | 750 ILCS 22/310 | | | 25 | | 750 ILCS 22/311 | | |
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| 1 | | 750 ILCS 22/312 | | | 2 | | 750 ILCS 22/313 | | | 3 | | 750 ILCS 22/314 | | | 4 | | 750 ILCS 22/316 | | | 5 | | 750 ILCS 22/317 | | | 6 | | 750 ILCS 22/318 | | | 7 | | 750 ILCS 22/319 | | | 8 | | 750 ILCS 22/Art. 4 heading | | | 9 | | 750 ILCS 22/401 | | | 10 | | 750 ILCS 22/402 new | | | 11 | | 750 ILCS 22/Art. 5 heading | | | 12 | | 750 ILCS 22/502 | | | 13 | | 750 ILCS 22/503 | | | 14 | | 750 ILCS 22/504 | | | 15 | | 750 ILCS 22/505 | | | 16 | | 750 ILCS 22/506 | | | 17 | | 750 ILCS 22/507 | | | 18 | | 750 ILCS 22/Art. 6 Pt. 1 | 19 | | heading | | | 20 | | 750 ILCS 22/601 | | | 21 | | 750 ILCS 22/602 | | | 22 | | 750 ILCS 22/603 | | | 23 | | 750 ILCS 22/604 | | | 24 | | 750 ILCS 22/605 | | | 25 | | 750 ILCS 22/606 | | | 26 | | 750 ILCS 22/607 | | |
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| 1 | | 750 ILCS 22/608 | | | 2 | | 750 ILCS 22/Art. 6 Pt. 3 | 3 | | heading | | | 4 | | 750 ILCS 22/609 | | | 5 | | 750 ILCS 22/610 | | | 6 | | 750 ILCS 22/611 | | | 7 | | 750 ILCS 22/612 | | | 8 | | 750 ILCS 22/Art. 6 Pt. 4 | 9 | | heading new | | | 10 | | 750 ILCS 22/615 | | | 11 | | 750 ILCS 22/616 new | | | 12 | | 750 ILCS 22/Art. 7 heading | | | 13 | | 750 ILCS 22/701 | | | 14 | | 750 ILCS 22/702 new | | | 15 | | 750 ILCS 22/703 new | | | 16 | | 750 ILCS 22/704 new | | | 17 | | 750 ILCS 22/705 new | | | 18 | | 750 ILCS 22/706 new | | | 19 | | 750 ILCS 22/707 new | | | 20 | | 750 ILCS 22/708 new | | | 21 | | 750 ILCS 22/709 new | | | 22 | | 750 ILCS 22/710 new | | | 23 | | 750 ILCS 22/711 new | | | 24 | | 750 ILCS 22/712 new | | | 25 | | 750 ILCS 22/713 new | | | 26 | | 750 ILCS 22/802 | | |
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| 1 | | 750 ILCS 22/902 new | | | 2 | | 750 ILCS 22/903 | | | 3 | | 750 ILCS 22/905 | was 750 ILCS 22/903 |
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