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90_SB0806eng
SEE INDEX
Amends the Uniform Interstate Family Support Act. Makes
numerous changes in relation to: reconciliation of multiple
child support orders; enforcement of orders of another state;
responsibilities of employers regarding orders of other
states; jurisdiction to modify orders of other states;
organization of the Act; and other matters. Repeals the
Revised Uniform Reciprocal Enforcement of Support Act and
adds transitional provisions. Effective immediately.
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1 AN ACT to amend certain Acts in relation to support.
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 changing Sections 101, 102, 203, 205, 206, 207,
6 208, 301, 303, 304, 305, 306, 307, 316, 401, 501, 502, 605,
7 606, 609, 610, 611, 612, and 905, changing the captions of
8 Article 5, Parts A, B, and C of Article 2, and Parts A, B,
9 and C of Article 6, and adding Sections 503, 504, 505, 506,
10 507, 613, and 614 as follows:
11 (750 ILCS 22/101)
12 Sec. 101. Definitions. In this Act:
13 "Child" means an individual, whether over or under the
14 age of 18, who is or is alleged to be owed a duty of support
15 by the individual's parent or who is or is alleged to be the
16 beneficiary of a support order directed to the parent.
17 "Child-support Child support order" means a support order
18 for a child, including a child who has attained the age of
19 18.
20 "Duty of support" means an obligation imposed or
21 imposable by law to provide support for a child, spouse, or
22 former spouse including an unsatisfied obligation to provide
23 support.
24 "Home state" means the state in which a child lived with
25 a parent or a person acting as parent for at least 6
26 consecutive months immediately preceding the time of filing
27 of a petition or comparable pleading for support, and if a
28 child is less than 6 months old, the state in which the child
29 lived from birth with any of them. A period of temporary
30 absence of any of them is counted as part of the 6-month or
31 other period.
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1 "Income" includes earnings or other periodic entitlements
2 to money from any source and any other property subject to
3 withholding for support under the law of this State.
4 "Income-withholding order" means an order or other legal
5 process directed to an obligor's employer or other debtor, as
6 defined by the Illinois Marriage and Dissolution of Marriage
7 Act, the Non-Support of Spouse and Children Act, the Illinois
8 Public Aid Code, and the Illinois Parentage Act of 1984, to
9 withhold support from the income of the obligor.
10 "Initiating state" means a state from in which a
11 proceeding is forwarded or in which a proceeding is filed for
12 forwarding to a responding state under this Act or a law or
13 procedure substantially similar to this Act, is filed for
14 forwarding to a responding state.
15 "Initiating tribunal" means the authorized tribunal in an
16 initiating state.
17 "Issuing state" means the state in which a tribunal
18 issues a support order or renders a judgment determining
19 parentage.
20 "Issuing tribunal" means the tribunal that issues a
21 support order or renders a judgment determining parentage.
22 "Obligee" means:
23 (i) an individual to whom a duty of support is or
24 is alleged to be owed or in whose favor a support order
25 has been issued or a judgment determining parentage has
26 been rendered;
27 (ii) a state or political subdivision to which the
28 rights under a duty of support or support order have been
29 assigned or which has independent claims based on
30 financial assistance provided to an individual obligee;
31 or
32 (iii) an individual seeking a judgment determining
33 parentage of the individual's child.
34 "Obligor" means an individual, or the estate of a
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1 decedent: (i) who owes or is alleged to owe a duty of
2 support; (ii) who is alleged but has not been adjudicated to
3 be a parent of a child; or (iii) who is liable under a
4 support order.
5 "Register" means to record a support order or judgment
6 determining parentage in the appropriate Registry of Foreign
7 Support Orders.
8 "Registering tribunal" means a tribunal in which a
9 support order is registered.
10 "Responding state" means a state in to which a proceeding
11 is filed or to which a proceeding is forwarded for filing
12 from an initiating state under this Act or a law or procedure
13 substantially similar to this Act.
14 "Responding tribunal" means the authorized tribunal in a
15 responding state.
16 "Spousal-support order" means a support order for a
17 spouse or former spouse of the obligor.
18 "State" means a state of the United States, the District
19 of Columbia, the Commonwealth of Puerto Rico, the United
20 States Virgin Islands, or any territory or insular possession
21 subject to the jurisdiction of the United States. The term
22 "state" includes:
23 (i) an Indian tribe; and includes
24 (ii) a foreign jurisdiction that has enacted a law
25 or established procedures for issuance and enforcement of
26 support orders which are substantially similar to the
27 procedures under this Act, the Uniform Reciprocal
28 Enforcement of Support Act, or the Revised Uniform
29 Reciprocal Enforcement of Support Act.
30 "Support enforcement agency" means a public official or
31 agency authorized to seek:
32 (1) enforcement of support orders or laws relating to
33 the duty of support;
34 (2) establishment or modification of child support;
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1 (3) determination of parentage; or
2 (4) to locate obligors or their assets.
3 "Support order" means a judgment, decree, or order,
4 whether temporary, final, or subject to modification, for the
5 benefit of a child, a spouse, or a former spouse, which
6 provides for monetary support, health care, arrearages, or
7 reimbursement, and may include related costs and fees,
8 interest, income withholding, attorney's fees, and other
9 relief.
10 "Tribunal" means a court, administrative agency, or
11 quasi-judicial entity authorized to establish, enforce, or
12 modify support orders or to determine parentage.
13 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
14 by P.A. 88-691.)
15 (750 ILCS 22/102)
16 Sec. 102. Tribunal Tribunals of this State. The circuit
17 court is a tribunal of this State. The Illinois Department of
18 Public Aid is an initiating tribunal. The Illinois
19 Department of Public Aid is also a responding tribunal of
20 this State to the extent that it can administratively
21 establish paternity and establish, modify, and enforce an
22 administrative child-support child support order under
23 authority of Article X of the Illinois Public Aid Code.
24 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
25 by P.A. 88-691; 88-691, eff. 1-24-95.)
26 (750 ILCS 22/Article 2, Part A caption)
27 PART 1. A. EXTENDED PERSONAL JURISDICTION
28 (750 ILCS 22/Article 2, Part B caption)
29 PART 2. B. PROCEEDINGS INVOLVING TWO OR MORE STATES
30 (750 ILCS 22/203)
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1 Sec. 203. Initiating and responding tribunal of this
2 State. Under this Act, a tribunal of this State may serve as
3 an initiating tribunal to forward proceedings to another
4 state and as a responding tribunal for proceedings initiated
5 in another state.
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 22/205)
9 Sec. 205. Continuing, exclusive jurisdiction.
10 (a) A tribunal of this State issuing a support order
11 consistent with the law of this State has continuing,
12 exclusive jurisdiction over a child-support child support
13 order:
14 (1) as long as this State remains the residence of
15 the obligor, the individual obligee, or the child for
16 whose benefit the support order is issued; or
17 (2) until all of the parties who are individuals
18 have each individual party has filed written consents
19 consent with the tribunal of this State for a tribunal of
20 another state to modify the order and assume continuing,
21 exclusive jurisdiction.
22 (b) A tribunal of this State issuing a child-support
23 child support order consistent with the law of this State may
24 not exercise its continuing jurisdiction to modify the order
25 if the order has been modified by a tribunal of another state
26 pursuant to a law substantially similar to this Act.
27 (c) If a child-support child support order of this State
28 is modified by a tribunal of another state pursuant to a law
29 substantially similar to this Act, a tribunal of this State
30 loses its continuing, exclusive jurisdiction with regard to
31 prospective enforcement of the order issued in this State,
32 and may only:
33 (1) enforce the order that was modified as to
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1 amounts accruing before the modification;
2 (2) enforce nonmodifiable aspects of that order;
3 and
4 (3) provide other appropriate relief for violations
5 of that order which occurred before the effective date of
6 the modification.
7 (d) A tribunal of this State shall recognize the
8 continuing, exclusive jurisdiction of a tribunal of another
9 state which has issued a child-support child support order
10 pursuant to a law substantially similar to this Act.
11 (e) A temporary support order issued ex parte or pending
12 resolution of a jurisdictional conflict does not create
13 continuing, exclusive jurisdiction in the issuing tribunal.
14 (f) A tribunal of this State issuing a support order
15 consistent with the law of this State has continuing,
16 exclusive jurisdiction over a spousal-support spousal support
17 order throughout the existence of the support obligation. A
18 tribunal of this State may not modify a spousal-support
19 spousal support order issued by a tribunal of another state
20 having continuing, exclusive jurisdiction over that order
21 under the law of that state.
22 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
23 by P.A. 88-691.)
24 (750 ILCS 22/206)
25 Sec. 206. Enforcement and modification of support order
26 by tribunal having continuing jurisdiction.
27 (a) A tribunal of this State may serve as an initiating
28 tribunal to request a tribunal of another state to enforce or
29 modify a support order issued in that state.
30 (b) A tribunal of this State having continuing,
31 exclusive jurisdiction over a support order may act as a
32 responding tribunal to enforce or modify the order. If a
33 party subject to the continuing, exclusive jurisdiction of
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1 the tribunal no longer resides in the issuing state, in
2 subsequent proceedings the tribunal may apply Section 316
3 (Special Rules of Evidence and Procedure) to receive evidence
4 from another state and Section 318 (Assistance with
5 Discovery) to obtain discovery through a tribunal of another
6 state.
7 (c) A tribunal of this State which lacks continuing,
8 exclusive jurisdiction over a spousal-support spousal support
9 order may not serve as a responding tribunal to modify a
10 spousal-support spousal support order of another state.
11 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
12 by P.A. 88-691.)
13 (750 ILCS 22/Article 2, Part C caption)
14 PART 3. C. RECONCILIATION
15 OF MULTIPLE
16 WITH ORDERS OF OTHER STATES
17 (750 ILCS 22/207)
18 Sec. 207. Recognition of controlling child-support order
19 child support-orders.
20 (a) If a proceeding is brought under this Act, and one
21 or more child support orders have been issued in this or
22 another state with regard to an obligor and a child, a
23 tribunal of this State shall apply the following rules in
24 determining which order to recognize for purposes of
25 continuing, exclusive jurisdiction: (1) If a proceeding is
26 brought under this Act and only one tribunal has issued a
27 child-support child support order, the order of that tribunal
28 controls and must be so recognized.
29 (b) If a proceeding is brought under this Act, and two
30 or more child-support orders have been issued by tribunals of
31 this State or another state with regard to the same obligor
32 and child, a tribunal of this State shall apply the following
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1 rules in determining which order to recognize for purposes of
2 continuing, exclusive jurisdiction:
3 (1) (2) If two or more tribunals have issued child
4 support orders for the same obligor and child, and only
5 one of the tribunals would have continuing, exclusive
6 jurisdiction under this Act, the order of that tribunal
7 controls and must be so recognized.
8 (2) (3) If two or more tribunals have issued child
9 support orders for the same obligor and child, and more
10 than one of the tribunals would have continuing,
11 exclusive jurisdiction under this Act, an order issued by
12 a tribunal in the current home state of the child
13 controls and must be so recognized, but if an order has
14 not been issued in the current home state of the child,
15 the order most recently issued controls and must be so
16 recognized.
17 (3) (4) If two or more tribunals have issued child
18 support orders for the same obligor and child, and none
19 of the tribunals would have continuing, exclusive
20 jurisdiction under this Act, the tribunal of this State
21 having jurisdiction over the parties shall may issue a
22 child-support child support order, which controls and
23 must be so recognized.
24 (c) If two or more child-support orders have been issued
25 for the same obligor and child and if the obligor or the
26 individual obligee resides in this State, a party may request
27 a tribunal of this State to determine which order controls
28 and must be so recognized under subsection (b). The request
29 must be accompanied by a certified copy of every support
30 order in effect. The requesting party shall give notice of
31 the request to each party whose rights may be affected by the
32 determination.
33 (d) (b) The tribunal that has issued the controlling an
34 order recognized under subsection (a), (b), or (c) is the
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1 tribunal that has having continuing, exclusive jurisdiction
2 under Section 205.
3 (e) A tribunal of this State which determines by order
4 the identity of the controlling order under subsection (b)(1)
5 or (2) or which issues a new controlling order under
6 subsection (b)(3) shall state in that order the basis upon
7 which the tribunal made its determination.
8 (f) Within 30 days after issuance of an order determining
9 the identity of the controlling order, the party obtaining
10 the order shall file a certified copy of it with each
11 tribunal that issued or registered an earlier order of child
12 support. A party who obtains the order and fails to file a
13 certified copy is subject to appropriate sanctions by a
14 tribunal in which the issue of failure to file arises. The
15 failure to file does not affect the validity or
16 enforceability of the controlling order.
17 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
18 by P.A. 88-691.)
19 (750 ILCS 22/208)
20 Sec. 208. Multiple child-support child support orders
21 for two or more obligees. In responding to multiple
22 registrations or petitions for enforcement of two or more
23 child support orders in effect at the same time with regard
24 to the same obligor and different individual obligees, at
25 least one of which was issued by a tribunal of another state,
26 a tribunal of this State shall enforce those orders in the
27 same manner as if the multiple orders had been issued by a
28 tribunal of this State.
29 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
30 by P.A. 88-691.)
31 (750 ILCS 22/301)
32 Sec. 301. Proceedings under this Act.
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1 (a) Except as otherwise provided in this Act, this
2 Article applies to all proceedings under this Act.
3 (b) This Act provides for the following proceedings:
4 (1) establishment of an order for spousal support
5 or child support pursuant to Article 4;
6 (2) enforcement of a support order and
7 income-withholding order of another state without
8 registration pursuant to Article 5;
9 (3) registration of an order for spousal support or
10 child support of another state for enforcement pursuant
11 to Article 6;
12 (4) modification of an order for child support or
13 spousal support issued by a tribunal of this State
14 pursuant to Article 2, Part 2 B;
15 (5) registration of an order for child support of
16 another state for modification pursuant to Article 6;
17 (6) determination of parentage pursuant to Article
18 7; and
19 (7) assertion of jurisdiction over nonresidents
20 pursuant to Article 2, Part 1 A.
21 (c) An individual obligee or a support enforcement
22 agency may commence a proceeding authorized under this Act by
23 filing a petition in an initiating tribunal for forwarding to
24 a responding tribunal or by filing a petition or a comparable
25 pleading directly in a tribunal of another state which has or
26 can obtain personal jurisdiction over the obligor.
27 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
28 by P.A. 88-691.)
29 (750 ILCS 22/303)
30 Sec. 303. Application of law of this State. Except as
31 otherwise provided by this Act, a responding tribunal of this
32 State:
33 (1) shall apply the procedural and substantive law,
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1 including the rules on choice of law, generally applicable to
2 similar proceedings originating in this State and may
3 exercise all powers and provide all remedies available in
4 those proceedings; and
5 (2) shall determine the duty of support and the amount
6 payable in accordance with the law and support guidelines of
7 this State.
8 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
9 by P.A. 88-691.)
10 (750 ILCS 22/304)
11 Sec. 304. Duties of initiating tribunal.
12 (a) Upon the filing of a petition authorized by this
13 Act, an initiating tribunal of this State shall forward three
14 copies of the petition and its accompanying documents:
15 (1) to the responding tribunal or appropriate
16 support enforcement agency in the responding state; or
17 (2) if the identity of the responding tribunal is
18 unknown, to the state information agency of the
19 responding state with a request that they be forwarded to
20 the appropriate tribunal and that receipt be
21 acknowledged.
22 (b) If a responding state has not enacted this Act or a
23 law or procedure substantially similar to this Act, a
24 tribunal of this State may issue a certificate or other
25 document and make findings required by the law of the
26 responding state. If the responding state is a foreign
27 jurisdiction, the tribunal may specify the amount of support
28 sought and provide other documents necessary to satisfy the
29 requirements of the responding state.
30 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
31 by P.A. 88-691.)
32 (750 ILCS 22/305)
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1 Sec. 305. Duties and powers of responding Tribunal.
2 (a) When a responding tribunal of this State receives a
3 petition or comparable pleading from an initiating tribunal
4 or directly pursuant to Section 301(c), it shall cause the
5 petition or pleading to be filed and notify the obligee by
6 first class mail where and when it was filed.
7 (b) A responding tribunal of this State, to the extent
8 otherwise authorized by law, may do one or more of the
9 following:
10 (1) issue or enforce a support order, modify a
11 child-support child support order, or render a judgment
12 to determine parentage;
13 (2) order an obligor to comply with a support
14 order, specifying the amount and the manner of
15 compliance;
16 (3) order income withholding;
17 (4) determine the amount of any arrearages, and
18 specify a method of payment;
19 (5) enforce orders by civil or criminal contempt,
20 or both;
21 (6) set aside property for satisfaction of the
22 support order;
23 (7) place liens and order execution on the
24 obligor's property;
25 (8) order an obligor to keep the tribunal informed
26 of the obligor's current residential address, telephone
27 number, employer, address of employment, and telephone
28 number at the place of employment;
29 (9) issue a bench warrant for an obligor who has
30 failed after proper notice to appear at a hearing ordered
31 by the tribunal and enter the bench warrant in any local
32 and state computer systems for criminal warrants;
33 (10) order the obligor to seek appropriate
34 employment by specified methods;
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1 (11) award reasonable attorney's fees and other
2 fees and costs; and
3 (12) grant any other available remedy.
4 (c) A responding tribunal of this State shall include in
5 a 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
9 condition the payment of a support order issued under this
10 Act upon compliance by a party with provisions for
11 visitation.
12 (e) If a responding tribunal of this State issues an
13 order under this Act, the tribunal shall send a copy of the
14 order by first class mail to the obligee and the obligor and
15 to the initiating tribunal, if any.
16 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
17 by P.A. 88-691.)
18 (750 ILCS 22/306)
19 Sec. 306. Inappropriate tribunal. If a petition or
20 comparable pleading is received by an inappropriate tribunal
21 of this State, it shall forward the pleading and accompanying
22 documents to an appropriate tribunal in this State or another
23 state and notify the obligee by first class mail where and
24 when the pleading was sent.
25 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
26 by P.A. 88-691.)
27 (750 ILCS 22/307)
28 Sec. 307. Duties of support enforcement agency.
29 (a) A support enforcement agency of this State, upon
30 request, shall provide services to a petitioner in a
31 proceeding under this Act. This subsection does not affect
32 any ability the support enforcement agency may have to
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1 require an application for services, charge fees, or recover
2 costs in accordance with federal or State law and
3 regulations.
4 (b) A support enforcement agency that is providing
5 services to the petitioner as appropriate shall:
6 (1) take all steps necessary to enable an
7 appropriate tribunal in this State or another state to
8 obtain jurisdiction over the respondent;
9 (2) request an appropriate tribunal to set a date,
10 time, and place for a hearing;
11 (3) make a reasonable effort to obtain all relevant
12 information, including information as to income and
13 property of the parties;
14 (4) within 10 days, exclusive of Saturdays,
15 Sundays, and legal holidays, after receipt of a written
16 notice from an initiating, responding, or registering
17 tribunal, send a copy of the notice by first class mail
18 to the petitioner;
19 (5) within 10 days, exclusive of Saturdays,
20 Sundays, and legal holidays, after receipt of a written
21 communication from the respondent or the respondent's
22 attorney, send a copy of the communication by first class
23 mail to the petitioner; and
24 (6) notify the petitioner if jurisdiction over the
25 respondent cannot be obtained.
26 (c) This Act does not create or negate a relationship of
27 attorney and client or other fiduciary relationship between a
28 support enforcement agency or the attorney for the agency and
29 the individual being assisted by the agency.
30 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
31 by P.A. 88-691; 88-691, eff. 1-24-95.)
32 (750 ILCS 22/316)
33 Sec. 316. Special rules of evidence and procedure.
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1 (a) The physical presence of the petitioner in a
2 responding tribunal of this State is not required for the
3 establishment, enforcement, or modification of a support
4 order or the rendition of a judgment determining parentage.
5 (b) A verified petition, affidavit, document
6 substantially complying with federally mandated forms, and a
7 document incorporated by reference in any of them, not
8 excluded under the hearsay rule if given in person, is
9 admissible in evidence if given under oath by a party or
10 witness residing in another state.
11 (c) A copy of the record of child-support child support
12 payments certified as a true copy of the original by the
13 custodian of the record may be forwarded to a responding
14 tribunal. The copy is evidence of facts asserted in it, and
15 is admissible to show whether payments were made.
16 (d) Copies of bills for testing for parentage, and for
17 prenatal and postnatal health care of the mother and child,
18 furnished to the adverse party at least 10 days before trial,
19 are admissible in evidence to prove the amount of the charges
20 billed and that the charges were reasonable, necessary, and
21 customary.
22 (e) Documentary evidence transmitted from another state
23 to a tribunal of this State by telephone, telecopier, or
24 other means that do not provide an original writing may not
25 be excluded from evidence on an objection based on the means
26 of transmission.
27 (f) In a proceeding under this Act, a tribunal of this
28 State may permit a party or witness residing in another state
29 to be deposed or to testify by telephone, audiovisual means,
30 or other electronic means at a designated tribunal or other
31 location in that state. A tribunal of this State shall
32 cooperate with tribunals of other states in designating an
33 appropriate location for the deposition or testimony.
34 (g) If a party called to testify at a civil hearing
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1 refuses to answer on the ground that the testimony may be
2 self-incriminating, the trier of fact may draw an adverse
3 inference from the refusal.
4 (h) A privilege against disclosure of communications
5 between spouses does not apply in a proceeding under this
6 Act.
7 (i) The defense of immunity based on the relationship of
8 husband and wife or parent and child does not apply in a
9 proceeding under this Act.
10 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
11 by P.A. 88-691; 88-691, eff. 1-24-95.)
12 (750 ILCS 22/401)
13 Sec. 401. Petition to establish support order.
14 (a) If a support order entitled to recognition under
15 this Act has not been issued, a responding tribunal of this
16 State may issue a support order if:
17 (1) the individual seeking the order resides in
18 another state; or
19 (2) the support enforcement agency seeking the
20 order is located in another state.
21 (b) The tribunal may issue a temporary child-support
22 child support order if:
23 (1) the respondent has signed a verified statement
24 acknowledging parentage;
25 (2) the respondent has been determined by or
26 pursuant to law to be the parent; or
27 (3) there is other clear and convincing evidence
28 that the respondent is the child's parent.
29 (c) Upon finding, after notice and opportunity to be
30 heard, that a respondent owes a duty of support, the tribunal
31 shall issue a support order directed to the respondent and
32 may issue other orders pursuant to Section 305.
33 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
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1 by P.A. 88-691; 88-691, eff. 1-24-95.)
2 (750 ILCS 22/Article 5 caption)
3 ARTICLE 5. DIRECT ENFORCEMENT OF ORDER
4 OF ANOTHER STATE WITHOUT REGISTRATION
5 (750 ILCS 22/501)
6 Sec. 501. Employer's receipt Recognition of
7 income-withholding order of another state.
8 (a) An income-withholding order issued in another state
9 may be sent by first class mail to the person or entity
10 defined as the obligor's employer without first filing a
11 petition or comparable pleading or registering the order with
12 a tribunal of this State. Upon receipt of the order, the
13 employer shall:
14 (1) treat an income-withholding order issued in
15 another state which appears regular on its face as if it
16 had been issued by a tribunal of this State;
17 (2) immediately provide a copy of the order to the
18 obligor; and
19 (3) distribute the funds as directed in the
20 withholding order.
21 (b) An obligor may contest the validity or enforcement
22 of an income-withholding order issued in another state in the
23 same manner as if the order had been issued by a tribunal of
24 this State. Section 604 applies to the contest. The obligor
25 shall give notice of the contest to any support enforcement
26 agency providing services to the obligee and to:
27 (1) the person or agency designated to receive
28 payments in the income-withholding order; or
29 (2) if no person or agency is designated, the
30 obligee.
31 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
32 by P.A. 88-691.)
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1 (750 ILCS 22/502)
2 Sec. 502. Employer's compliance with income-withholding
3 order of another state.
4 (a) Upon receipt of an income-withholding order, the
5 obligor's employer shall immediately provide a copy of the
6 order to the obligor.
7 (b) The employer shall treat an income-withholding order
8 issued in another state which appears regular on its face as
9 if it had been issued by a tribunal of this State.
10 (c) Except as otherwise provided in subsection (d) and
11 Section 503 the employer shall withhold and distribute the
12 funds as directed in the withholding order by complying with
13 terms of the order which specify:
14 (1) the duration and amount of periodic payments of
15 current child-support, stated as a sum certain;
16 (2) the person or agency designated to receive
17 payments and the address to which the payments are to be
18 forwarded;
19 (3) medical support, whether in the form of
20 periodic cash payment, stated as a sum certain, or
21 ordering the obligor to provide health insurance coverage
22 for the child under a policy available through the
23 obligor's employment;
24 (4) the amount of periodic payments of fees and
25 costs for a support enforcement agency, the issuing
26 tribunal, and the obligee's attorney, stated as sums
27 certain; and
28 (5) the amount of periodic payments of arrearages
29 and interest on arrearages, stated as sums certain.
30 (d) An employer shall comply with the law of the state
31 of the obligor's principal place of employment for
32 withholding from income with respect to:
33 (1) the employer's fee for processing an
34 income-withholding order;
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1 (2) the maximum amount permitted to be withheld
2 from the obligor's income; and
3 (3) the times within which the employer must
4 implement the withholding order and forward the child
5 support payment.
6 Administrative enforcement of orders.
7 (a) A party seeking to enforce a support order or an
8 income-withholding order, or both, issued by a tribunal of
9 another state may send the documents required for registering
10 the order to a support enforcement agency of this State.
11 (b) Upon receipt of the documents, the support
12 enforcement agency, without initially seeking to register the
13 order, shall consider and, if appropriate, use any
14 administrative procedure authorized by the law of this State
15 to enforce a support order or an income-withholding order, or
16 both. If the obligor does not contest administrative
17 enforcement, the order need not be registered. If the
18 obligor contests the validity or administrative enforcement
19 of the order, the support enforcement agency shall register
20 the order pursuant to this Act.
21 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
22 by P.A. 88-691.)
23 (750 ILCS 22/503 new)
24 Sec. 503. Compliance with multiple income-withholding
25 orders. If an obligor's employer receives multiple
26 income-withholding orders with respect to the earnings of the
27 same obligor, the employer satisfies the terms of the
28 multiple orders if the employer complies with the law of the
29 state of the obligor's principal place of employment to
30 establish the priorities for withholding and allocating
31 income withheld for multiple child support obligees.
32 (750 ILCS 22/504 new)
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1 Sec. 504. Immunity from civil liability. An employer who
2 complies with an income-withholding order issued in another
3 state in accordance with this Article is not subject to civil
4 liability to an individual or agency with regard to the
5 employer's withholding of child support from the obligor's
6 income.
7 (750 ILCS 22/505 new)
8 Sec. 505. Penalties for noncompliance. An employer who
9 willfully fails to comply with an income-withholding order
10 issued by another state and received for enforcement is
11 subject to the same penalties that may be imposed for
12 noncompliance with an order issued by a tribunal of this
13 State.
14 (750 ILCS 22/506 new)
15 Sec. 506. Contest by obligor.
16 (a) An obligor may contest the validity or enforcement
17 of an income-withholding order issued in another state and
18 received directly by an employer in this State in the same
19 manner as if the order had been issued by a tribunal of this
20 State. Section 604 applies to the contest.
21 (b) The obligor shall give notice of the contest to:
22 (1) a support enforcement agency providing services
23 to the obligee;
24 (2) each employer that has directly received an
25 income-withholding order; and
26 (3) the person or agency designated to receive
27 payments in the income-withholding order or if no person
28 or agency is designated, to the obligee.
29 (750 ILCS 22/507 new)
30 Sec. 507. Administrative enforcement of orders.
31 (a) A party seeking to enforce a support order or an
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1 income-withholding order, or both, issued by a tribunal of
2 another state may send the documents required for registering
3 the order to a support enforcement agency of this State.
4 (b) Upon receipt of the documents, the support
5 enforcement agency, without initially seeking to register the
6 order, shall consider and, if appropriate, use any
7 administrative procedure authorized by the law of this State
8 to enforce a support order or an income-withholding order, or
9 both. If the obligor does not contest administrative
10 enforcement, the order need not be registered. If the
11 obligor contests the validity or administrative enforcement
12 of the order, the support enforcement agency shall register
13 the order pursuant to this Act.
14 (750 ILCS 22/Article 6, Part A caption)
15 PART 1. A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
16 (750 ILCS 22/Article 6, Part B caption)
17 PART 2. B. CONTEST OF VALIDITY OR ENFORCEMENT
18 (750 ILCS 22/605)
19 Sec. 605. Notice of registration of order.
20 (a) When a support order or income-withholding order
21 issued in another state is registered, the registering
22 tribunal shall notify the nonregistering party. Notice must
23 be given by first class, certified, or registered mail or by
24 any means of personal service authorized by the law of this
25 State. The notice must be accompanied by a copy of the
26 registered order and the documents and relevant information
27 accompanying the order.
28 (b) The notice must inform the nonregistering party:
29 (1) that a registered order is enforceable as of
30 the date of registration in the same manner as an order
31 issued by a tribunal of this State;
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1 (2) that a hearing to contest the validity or
2 enforcement of the registered order must be requested
3 within 20 days after the date of mailing or personal
4 service of the notice;
5 (3) that failure to contest the validity or
6 enforcement of the registered order in a timely manner
7 will result in confirmation of the order and enforcement
8 of the order and the alleged arrearages and precludes
9 further contest of that order with respect to any matter
10 that could have been asserted; and
11 (4) of the amount of any alleged arrearages.
12 (c) Upon registration of an income-withholding order for
13 enforcement, the registering tribunal shall notify the
14 obligor's employer pursuant to Section 10-16.2 of the
15 Illinois Public Aid Code, Section 706.1 of the Illinois
16 Marriage and Dissolution of Marriage Act, Section 4.1 of the
17 Non-Support of Spouse and Children Act, and Section 20 of the
18 Illinois Parentage Act of 1989.
19 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
20 by P.A. 88-691.)
21 (750 ILCS 22/606)
22 Sec. 606. Procedure to contest validity or enforcement
23 of registered order.
24 (a) A nonregistering party seeking to contest the
25 validity or enforcement of a registered order in this State
26 shall request a hearing within 20 days after the date of
27 mailing or personal service of notice of the registration.
28 The nonregistering party may seek to vacate the registration,
29 to assert any defense to an allegation of noncompliance with
30 the registered order, or to contest the remedies being
31 sought or the amount of any alleged arrearages pursuant to
32 Section 607.
33 (b) If the nonregistering party fails to contest the
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1 validity or enforcement of the registered order in a timely
2 manner, the order is confirmed by operation of law.
3 (c) If a nonregistering party requests a hearing to
4 contest the validity or enforcement of the registered order,
5 the registering tribunal shall schedule the matter for
6 hearing and give notice to the parties by first class mail of
7 the date, time, and place of the hearing.
8 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
9 by P.A. 88-691.)
10 (750 ILCS 22/Article 6, Part C caption)
11 PART 3. C. REGISTRATION AND MODIFICATION OF
12 CHILD SUPPORT ORDER
13 (750 ILCS 22/609)
14 Sec. 609. Procedure to register child-support child
15 support order of another state for modification. A party or
16 support enforcement agency seeking to modify, or to modify
17 and enforce, a child-support child support order issued in
18 another state shall register that order in this State in the
19 same manner provided in Part 1 A of this Article if the order
20 has not been registered. A petition for modification may be
21 filed at the same time as a request for registration, or
22 later. The pleading must specify the grounds for
23 modification.
24 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
25 by P.A. 88-691.)
26 (750 ILCS 22/610)
27 Sec. 610. Effect of registration for modification. A
28 tribunal of this State may enforce a child-support child
29 support order of another state registered for purposes of
30 modification, in the same manner as if the order had been
31 issued by a tribunal of this State, but the registered order
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1 may be modified only if the requirements of Section 611 have
2 been met.
3 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
4 by P.A. 88-691.)
5 (750 ILCS 22/611)
6 Sec. 611. Modification of Child-Support Child Support
7 Order of Another State.
8 (a) After a child-support child support order issued in
9 another state has been registered in this State, the
10 responding tribunal of this State may modify that order only
11 if Section 613 does not apply and, after notice and hearing,
12 it finds that:
13 (1) the following requirements are met:
14 (i) the child, the individual petitioner, and
15 the respondent do not reside in the issuing state;
16 (ii) a petitioner who is a nonresident of this
17 State seeks modification; and
18 (iii) the respondent is subject to the
19 personal jurisdiction of the tribunal of this State;
20 or
21 (2) an individual party or the child, or a party
22 who is an individual, is subject to the personal
23 jurisdiction of the tribunal of this State and all of the
24 individual parties who are individuals have filed a
25 written consents consent in the issuing tribunal for
26 providing that a tribunal of this State to may modify the
27 support order and assume continuing, exclusive
28 jurisdiction over the order. However, if the issuing
29 state is a foreign jurisdiction that has not enacted a
30 law or established procedures substantially similar to
31 the procedures under this Act, the consent otherwise
32 required of an individual residing in this State is not
33 required for the tribunal to assume jurisdiction to
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1 modify the child-support order.
2 (b) Modification of a registered child-support child
3 support order is subject to the same requirements,
4 procedures, and defenses that apply to the modification of
5 an order issued by a tribunal of this State and the order may
6 be enforced and satisfied in the same manner.
7 (c) A tribunal of this State may not modify any aspect
8 of a child-support child support order that may not be
9 modified under the law of the issuing state. If two or more
10 tribunals have issued child-support orders for the same
11 obligor and child, the order that controls and must be so
12 recognized under Section 207 establishes the aspects of the
13 support order which are nonmodifiable.
14 (d) On issuance of an order modifying a child-support
15 child support order issued in another state, a tribunal of
16 this State becomes the tribunal having of continuing,
17 exclusive jurisdiction.
18 (e) Within 30 days after issuance of a modified child
19 support order, the party obtaining the modification shall
20 file a certified copy of the order with the issuing tribunal
21 which had continuing, exclusive jurisdiction over the earlier
22 order, and in each tribunal in which the party knows that
23 earlier order has been registered.
24 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
25 by P.A. 88-691; 88-691, eff. 1-24-95.)
26 (750 ILCS 22/612)
27 Sec. 612. Recognition of order modified in another
28 state. A tribunal of this State shall recognize a
29 modification of its earlier child-support child support order
30 by a tribunal of another state which assumed jurisdiction
31 pursuant to a law substantially similar to this Act and, upon
32 request, except as otherwise provided in this Act, shall:
33 (1) enforce the order that was modified only as to
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1 amounts accruing before the modification;
2 (2) enforce only nonmodifiable aspects of that order;
3 (3) provide other appropriate relief only for violations
4 of that order which occurred before the effective date of the
5 modification; and
6 (4) recognize the modifying order of the other state,
7 upon registration, for the purpose of enforcement.
8 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
9 by P.A. 88-691.)
10 (750 ILCS 22/613 new)
11 Sec. 613. Jurisdiction to modify child-support order of
12 another state when individual parties reside in this State.
13 (a) If all of the parties who are individuals reside in
14 this State and the child does not reside in the issuing
15 state, a tribunal of this State has jurisdiction to enforce
16 and to modify the issuing state's child-support order in a
17 proceeding to register that order.
18 (b) A tribunal of this State exercising jurisdiction
19 under this Section shall apply the provisions of Articles 1
20 and 2, this Article, and the procedural and substantive law
21 of this State to the proceeding for enforcement or
22 modification. Articles 3, 4, 5, 7, and 8 do not apply.
23 (750 ILCS 22/614 new)
24 Sec. 614. Notice to issuing tribunal of modification.
25 Within 30 days after issuance of a modified child-support
26 order, the party obtaining the modification shall file a
27 certified copy of the order with the issuing tribunal that
28 had continuing, exclusive jurisdiction over the earlier
29 order, and in each tribunal in which the party knows the
30 earlier order has been registered. A party who obtains the
31 order and fails to file a certified copy is subject to
32 appropriate sanctions by a tribunal in which the issue of
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1 failure to file arises. The failure to file does not affect
2 the validity or enforceability of the modified order of the
3 new tribunal having continuing, exclusive jurisdiction.
4 (750 ILCS 22/905)
5 Sec. 905. Repeal. The Revised Uniform Reciprocal
6 Enforcement of Support Act is repealed on the effective date
7 of this amendatory Act of 1997. An action that was
8 commenced under the Revised Uniform Reciprocal Enforcement of
9 Support Act and is pending on the effective date of this
10 amendatory Act of 1997 shall be decided in accordance with
11 that Act as it existed immediately before its repeal by this
12 amendatory Act of 1997. (Blank).
13 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
14 by P.A. 88-691.)
15 Section 10. The Unemployment Insurance Act is amended by
16 adding Section 1801.1 as follows:
17 (820 ILCS 405/1801.1 new)
18 Sec. 1801.1. Directory of New Hires.
19 A. The Director shall establish and operate an automated
20 directory of newly hired employees which shall be known as
21 the "Illinois Directory of New Hires" which shall contain the
22 information required to be reported by employers to the
23 Department under subsection B. The Department shall, on a
24 quarterly basis, furnish to the National Directory of New
25 Hires administered by the United States Department of Health
26 and Human Services information contained in the Illinois
27 Directory of New Hires concerning the wages and unemployment
28 compensation paid to individuals, by such dates, in such
29 format, and concerning such other information as the
30 Secretary of Health and Human Services shall specify in
31 regulations. In the administration of the Directory, the
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1 Director shall comply with any requirements concerning the
2 Employer New Hire Reporting Program established by the United
3 States Secretary of Health and Human Services in interpreting
4 the provisions of the federal Personal Responsibility and
5 Work Opportunity Reconciliation Act of 1996. The Director is
6 authorized to use the information contained in the Directory
7 of New Hires to administer any of the provisions of this Act.
8 B. Each employer in Illinois, except a department,
9 agency, or instrumentality of the United States, shall file
10 with the Department a report in accordance with rules adopted
11 by the Department (but, in any event, not later than 20 days
12 after the date the employer hires the employee, or in the
13 case of an employer transmitting reports magnetically or
14 electronically, by 2 monthly transmissions, if necessary, not
15 less than 12 days nor more than 16 days apart) the following
16 information concerning each newly hired employee: the
17 employee's name, address, and social security number, and the
18 employer's name, address, Federal Employer Identification
19 Number assigned under Section 6109 of the Internal Revenue
20 Code of 1986, and such other information that the Director
21 shall require by rule, provided that, each employer may
22 voluntarily file the date of new hire, and the address to
23 which the employer wants income withholding orders to be
24 mailed, if it is different from the address given on the
25 Federal Employer Identification Number. Employers in Illinois
26 which transmit their reports electronically or magnetically
27 and which also have employees in another state may report all
28 newly hired employees to a single designated state in which
29 the employer has employees if it has so notified the
30 Secretary of the United States Department of Health and Human
31 Services in writing. Each report required under this
32 subsection shall be made on an Internal Revenue Service Form
33 W-4 or, at the option of the employer, an equivalent form,
34 and may be transmitted by first class mail, magnetically, or
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1 electronically.
2 C. An employer which knowingly fails to comply with the
3 reporting requirements established by this Section shall be
4 subject to a civil penalty of $15 per each individual which
5 it fails to report. An employer shall be considered to have
6 knowingly failed to comply with the reporting requirements
7 established by this Section with respect to an individual if
8 the employer has been notified by the Department by certified
9 mail that it has failed to report an individual, and it
10 knowingly fails, without reasonable cause, to supply the
11 required information to the Department within 21 days after
12 the date of mailing of the notice. Any individual who
13 knowingly conspires with the newly hired employee to cause
14 the employer to fail to report the information required by
15 this Section or who knowingly conspires with the newly hired
16 employee to cause the employer to file a false or incomplete
17 report shall be guilty of a Class B misdemeanor, with a fine
18 not to exceed $500 with respect to each individual so
19 conspiring.
20 D. As used in this Section:
21 "Newly hired employee" means an individual who is an
22 employee within the meaning of Chapter 24 of the Internal
23 Revenue Code of 1986, and whose reporting to work which
24 results in earnings from the employer is the first instance
25 within the preceding 180 days that the individual has
26 reported for work and received earnings with respect to such
27 work from that employer, provided, however, that this
28 definition does not include an employee of a federal or State
29 agency performing intelligence or counterintelligence
30 functions, if the head of the agency has determined that the
31 filing of the report required by this Section with respect to
32 the employee could endanger the safety of or compromise an
33 ongoing investigation or intelligence mission.
34 Notwithstanding Section 205, and for the purposes of this
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1 Section only, the term "employer" has the meaning given by
2 Section 3401(d) of the Internal Revenue Code of 1986 and
3 includes any governmental entity and labor organization as
4 defined by Section 2(5) of the National Labor Relations Act,
5 and includes any entity (also known as a hiring hall) which
6 is used by the organization and an employer to carry out the
7 requirements described in Section 8(f)(3) of such Act of an
8 agreement between the organization and the employer.
9 Section 99. This Act takes effect upon becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 750 ILCS 22/101
4 750 ILCS 22/102
5 750 ILCS 22/Article 2, Part A caption
6 750 ILCS 22/Article 2, Part B caption
7 750 ILCS 22/203
8 750 ILCS 22/205
9 750 ILCS 22/206
10 750 ILCS 22/Article 2, Part C caption
11 750 ILCS 22/207
12 750 ILCS 22/208
13 750 ILCS 22/301
14 750 ILCS 22/303
15 750 ILCS 22/304
16 750 ILCS 22/305
17 750 ILCS 22/306
18 750 ILCS 22/307
19 750 ILCS 22/316
20 750 ILCS 22/401
21 750 ILCS 22/Article 5 caption
22 750 ILCS 22/501
23 750 ILCS 22/502
24 750 ILCS 22/503 new
25 750 ILCS 22/504 new
26 750 ILCS 22/505 new
27 750 ILCS 22/506 new
28 750 ILCS 22/507 new
29 750 ILCS 22/Article 6, Part A caption
30 750 ILCS 22/Article 6, Part B caption
31 750 ILCS 22/605
32 750 ILCS 22/606
33 750 ILCS 22/609
34 750 ILCS 22/Article 6, Part C caption
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1 750 ILCS 22/610
2 750 ILCS 22/611
3 750 ILCS 22/612
4 750 ILCS 22/613 new
5 750 ILCS 22/614 new
6 750 ILCS 22/905