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90_SB1041
SEE INDEX
Amends the Uniform Interstate Family Support Act.
Provides that a tribunal in this State determining which
order controls must state the basis for its decision in the
order. Provides that the party obtaining the order shall
file a certified copy of it with every tribunal issuing or
registering an earlier support order. Provides that the
employer shall comply with provisions of an out-of-state
income-withholding order, but shall follow the law of the
state of the obligor's employment for the employer's
processing fee, the maximum amount permitted to be withheld,
the time within which the order must be implemented and
payments forwarded, and establishing the priorities for
withholding and allocating income withheld for multiple child
support obligees. Grants immunity from civil liability to an
employer complying with an order for withholding issued in
another state in accordance with the Article on enforcement
of an order of another state, and provides for penalties for
failure to comply. Provides that if all of the parties
reside in this State and the child does not reside in the
issuing state, this State has jurisdiction to enforce and
modify a child support order in a proceeding to register that
order, and that the only Articles in this Act that apply in
that situation are the Articles dealing with Jurisdiction and
General provisions and otherwise the procedural and
substantive laws of this State apply. Provides that the
party obtaining the modification must file a certified copy
of the modification with the issuing tribunal that had
jurisdiction, subject to sanctions for failure to file, but
not affecting the validity of the modification. Makes other
changes.
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1 AN ACT to amend the Uniform Interstate Family Support Act
2 by changing and adding various provisions.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Uniform Interstate Family Support Act is
6 amended by changing Sections 101, 102, 203, 205, 206, 207,
7 208, 301, 303, 304, 305, 306, 307, 316, 401, 501, 502, 605,
8 606, 609, 610, 611, and 612, changing the captions of Article
9 5, Parts A, B, and C of Article 2, and Parts A, B, and C of
10 Article 6, and adding Sections 503, 504, 505, 506, 507, 613,
11 and 614 as follows:
12 (750 ILCS 22/101)
13 Sec. 101. Definitions. In this Act:
14 "Child" means an individual, whether over or under the
15 age of 18, who is or is alleged to be owed a duty of support
16 by the individual's parent or who is or is alleged to be the
17 beneficiary of a support order directed to the parent.
18 "Child-support Child support order" means a support order
19 for a child, including a child who has attained the age of
20 18.
21 "Duty of support" means an obligation imposed or
22 imposable by law to provide support for a child, spouse, or
23 former spouse including an unsatisfied obligation to provide
24 support.
25 "Home state" means the state in which a child lived with
26 a parent or a person acting as parent for at least 6
27 consecutive months immediately preceding the time of filing
28 of a petition or comparable pleading for support, and if a
29 child is less than 6 months old, the state in which the child
30 lived from birth with any of them. A period of temporary
31 absence of any of them is counted as part of the 6-month or
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1 other period.
2 "Income" includes earnings or other periodic entitlements
3 to money from any source and any other property subject to
4 withholding for support under the law of this State.
5 "Income-withholding order" means an order or other legal
6 process directed to an obligor's employer or other debtor, as
7 defined by the Illinois Marriage and Dissolution of Marriage
8 Act, the Non-Support of Spouse and Children Act, the Illinois
9 Public Aid Code, and the Illinois Parentage Act of 1984, to
10 withhold support from the income of the obligor.
11 "Initiating state" means a state from in which a
12 proceeding is forwarded or in which a proceeding is filed for
13 forwarding to a responding state under this Act or a law or
14 procedure substantially similar to this Act, is filed for
15 forwarding to a responding state.
16 "Initiating tribunal" means the authorized tribunal in an
17 initiating state.
18 "Issuing state" means the state in which a tribunal
19 issues a support order or renders a judgment determining
20 parentage.
21 "Issuing tribunal" means the tribunal that issues a
22 support order or renders a judgment determining parentage.
23 "Obligee" means:
24 (i) an individual to whom a duty of support is or
25 is alleged to be owed or in whose favor a support order
26 has been issued or a judgment determining parentage has
27 been rendered;
28 (ii) a state or political subdivision to which the
29 rights under a duty of support or support order have been
30 assigned or which has independent claims based on
31 financial assistance provided to an individual obligee;
32 or
33 (iii) an individual seeking a judgment determining
34 parentage of the individual's child.
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1 "Obligor" means an individual, or the estate of a
2 decedent: (i) who owes or is alleged to owe a duty of
3 support; (ii) who is alleged but has not been adjudicated to
4 be a parent of a child; or (iii) who is liable under a
5 support order.
6 "Register" means to record a support order or judgment
7 determining parentage in the appropriate Registry of Foreign
8 Support Orders.
9 "Registering tribunal" means a tribunal in which a
10 support order is registered.
11 "Responding state" means a state in to which a proceeding
12 is filed or to which a proceeding is forwarded for filing
13 from an initiating state under this Act or a law or procedure
14 substantially similar to this Act.
15 "Responding tribunal" means the authorized tribunal in a
16 responding state.
17 "Spousal-support order" means a support order for a
18 spouse or former spouse of the obligor.
19 "State" means a state of the United States, the District
20 of Columbia, the Commonwealth of Puerto Rico, the United
21 States Virgin Islands, or any territory or insular possession
22 subject to the jurisdiction of the United States. The term
23 "state" includes:
24 (i) an Indian tribe; and includes
25 (ii) a foreign jurisdiction that has enacted a law
26 or established procedures for issuance and enforcement of
27 support orders which are substantially similar to the
28 procedures under this Act, the Uniform Reciprocal
29 Enforcement of Support Act, or the Revised Uniform
30 Reciprocal Enforcement of Support Act.
31 "Support enforcement agency" means a public official or
32 agency authorized to seek:
33 (1) enforcement of support orders or laws relating to
34 the duty of support;
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1 (2) establishment or modification of child support;
2 (3) determination of parentage; or
3 (4) to locate obligors or their assets.
4 "Support order" means a judgment, decree, or order,
5 whether temporary, final, or subject to modification, for the
6 benefit of a child, a spouse, or a former spouse, which
7 provides for monetary support, health care, arrearages, or
8 reimbursement, and may include related costs and fees,
9 interest, income withholding, attorney's fees, and other
10 relief.
11 "Tribunal" means a court, administrative agency, or
12 quasi-judicial entity authorized to establish, enforce, or
13 modify support orders or to determine parentage.
14 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
15 by P.A. 88-691.)
16 (750 ILCS 22/102)
17 Sec. 102. Tribunal Tribunals of this State. The circuit
18 court is a tribunal of this State. The Illinois Department of
19 Public Aid is an initiating tribunal. The Illinois
20 Department of Public Aid is also a responding tribunal of
21 this State to the extent that it can administratively
22 establish paternity and establish, modify, and enforce an
23 administrative child-support child support order under
24 authority of Article X of the Illinois Public Aid Code.
25 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
26 by P.A. 88-691; 88-691, eff. 1-24-95.)
27 (750 ILCS 22/Article 2, Part A caption)
28 PART 1. A. EXTENDED PERSONAL JURISDICTION
29 (750 ILCS 22/Article 2, Part B caption)
30 PART 2. B. PROCEEDINGS INVOLVING TWO OR MORE STATES
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1 (750 ILCS 22/203)
2 Sec. 203. Initiating and responding tribunal of this
3 State. Under this Act, a tribunal of this State may serve as
4 an initiating tribunal to forward proceedings to another
5 state and as a responding tribunal for proceedings initiated
6 in another state.
7 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
8 by P.A. 88-691.)
9 (750 ILCS 22/205)
10 Sec. 205. Continuing, exclusive jurisdiction.
11 (a) A tribunal of this State issuing a support order
12 consistent with the law of this State has continuing,
13 exclusive jurisdiction over a child-support child support
14 order:
15 (1) as long as this State remains the residence of
16 the obligor, the individual obligee, or the child for
17 whose benefit the support order is issued; or
18 (2) until all of the parties who are individuals
19 have each individual party has filed written consents
20 consent with the tribunal of this State for a tribunal of
21 another state to modify the order and assume continuing,
22 exclusive jurisdiction.
23 (b) A tribunal of this State issuing a child-support
24 child support order consistent with the law of this State may
25 not exercise its continuing jurisdiction to modify the order
26 if the order has been modified by a tribunal of another state
27 pursuant to a law substantially similar to this Act.
28 (c) If a child-support child support order of this State
29 is modified by a tribunal of another state pursuant to a law
30 substantially similar to this Act, a tribunal of this State
31 loses its continuing, exclusive jurisdiction with regard to
32 prospective enforcement of the order issued in this State,
33 and may only:
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1 (1) enforce the order that was modified as to
2 amounts accruing before the modification;
3 (2) enforce nonmodifiable aspects of that order;
4 and
5 (3) provide other appropriate relief for violations
6 of that order which occurred before the effective date of
7 the modification.
8 (d) A tribunal of this State shall recognize the
9 continuing, exclusive jurisdiction of a tribunal of another
10 state which has issued a child-support child support order
11 pursuant to a law substantially similar to this Act.
12 (e) A temporary support order issued ex parte or pending
13 resolution of a jurisdictional conflict does not create
14 continuing, exclusive jurisdiction in the issuing tribunal.
15 (f) A tribunal of this State issuing a support order
16 consistent with the law of this State has continuing,
17 exclusive jurisdiction over a spousal-support spousal support
18 order throughout the existence of the support obligation. A
19 tribunal of this State may not modify a spousal-support
20 spousal support order issued by a tribunal of another state
21 having continuing, exclusive jurisdiction over that order
22 under the law of that state.
23 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
24 by P.A. 88-691.)
25 (750 ILCS 22/206)
26 Sec. 206. Enforcement and modification of support order
27 by tribunal having continuing jurisdiction.
28 (a) A tribunal of this State may serve as an initiating
29 tribunal to request a tribunal of another state to enforce or
30 modify a support order issued in that state.
31 (b) A tribunal of this State having continuing,
32 exclusive jurisdiction over a support order may act as a
33 responding tribunal to enforce or modify the order. If a
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1 party subject to the continuing, exclusive jurisdiction of
2 the tribunal no longer resides in the issuing state, in
3 subsequent proceedings the tribunal may apply Section 316
4 (Special Rules of Evidence and Procedure) to receive evidence
5 from another state and Section 318 (Assistance with
6 Discovery) to obtain discovery through a tribunal of another
7 state.
8 (c) A tribunal of this State which lacks continuing,
9 exclusive jurisdiction over a spousal-support spousal support
10 order may not serve as a responding tribunal to modify a
11 spousal-support spousal support order of another state.
12 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
13 by P.A. 88-691.)
14 (750 ILCS 22/Article 2, Part C caption)
15 PART 3. C. RECONCILIATION WITH ORDERS OF OTHER STATES
16 (750 ILCS 22/207)
17 Sec. 207. Recognition of controlling child-support order
18 child support-orders.
19 (a) If a proceeding is brought under this Act, and one
20 or more child support orders have been issued in this or
21 another state with regard to an obligor and a child, a
22 tribunal of this State shall apply the following rules in
23 determining which order to recognize for purposes of
24 continuing, exclusive jurisdiction: (1) If a proceeding is
25 brought under this Act and only one tribunal has issued a
26 child-support child support order, the order of that tribunal
27 controls and must be so recognized.
28 (b) If a proceeding is brought under this Act, and two
29 or more child-support orders have been issued by tribunals of
30 this State or another state with regard to the same obligor
31 and child, a tribunal of this State shall apply the following
32 rules in determining which order to recognize for purposes of
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1 continuing, exclusive jurisdiction:
2 (1) (2) If two or more tribunals have issued child
3 support orders for the same obligor and child, and only
4 one of the tribunals would have continuing, exclusive
5 jurisdiction under this Act, the order of that tribunal
6 controls and must be so recognized.
7 (2) (3) If two or more tribunals have issued child
8 support orders for the same obligor and child, and more
9 than one of the tribunals would have continuing,
10 exclusive jurisdiction under this Act, an order issued by
11 a tribunal in the current home state of the child
12 controls and must be so recognized, but if an order has
13 not been issued in the current home state of the child,
14 the order most recently issued controls and must be so
15 recognized.
16 (3) (4) If two or more tribunals have issued child
17 support orders for the same obligor and child, and none
18 of the tribunals would have continuing, exclusive
19 jurisdiction under this Act, the tribunal of this State
20 having jurisdiction over the parties shall may issue a
21 child-support child support order, which controls and
22 must be so recognized.
23 (c) If two or more child-support orders have been issued
24 for the same obligor and child and if the obligor or the
25 individual obligee resides in this State, a party may request
26 a tribunal of this State to determine which order controls
27 and must be so recognized under subsection (b). The request
28 must be accompanied by a certified copy of every support
29 order in effect. The requesting party shall give notice of
30 the request to each party whose rights may be affected by the
31 determination.
32 (d) (b) The tribunal that has issued the controlling an
33 order recognized under subsection (a), (b), or (c) is the
34 tribunal that has having continuing, exclusive jurisdiction
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1 under Section 205.
2 (e) A tribunal of this State which determines by order
3 the identity of the controlling order under subsection (b)(1)
4 or (2) or which issues a new controlling order under
5 subsection (b)(3) shall state in that order the basis upon
6 which the tribunal made its determination.
7 (f) Within 30 days after issuance of an order determining
8 the identity of the controlling order, the party obtaining
9 the order shall file a certified copy of it with each
10 tribunal that issued or registered an earlier order of child
11 support. A party who obtains the order and fails to file a
12 certified copy is subject to appropriate sanctions by a
13 tribunal in which the issue of failure to file arises. The
14 failure to file does not affect the validity or
15 enforceability of the controlling order.
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 22/208)
19 Sec. 208. Multiple child-support child support orders
20 for two or more obligees. In responding to multiple
21 registrations or petitions for enforcement of two or more
22 child support orders in effect at the same time with regard
23 to the same obligor and different individual obligees, at
24 least one of which was issued by a tribunal of another state,
25 a tribunal of this State shall enforce those orders in the
26 same manner as if the multiple orders had been issued by a
27 tribunal of this State.
28 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
29 by P.A. 88-691.)
30 (750 ILCS 22/301)
31 Sec. 301. Proceedings under this Act.
32 (a) Except as otherwise provided in this Act, this
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1 Article applies to all proceedings under this Act.
2 (b) This Act provides for the following proceedings:
3 (1) establishment of an order for spousal support
4 or child support pursuant to Article 4;
5 (2) enforcement of a support order and
6 income-withholding order of another state without
7 registration pursuant to Article 5;
8 (3) registration of an order for spousal support or
9 child support of another state for enforcement pursuant
10 to Article 6;
11 (4) modification of an order for child support or
12 spousal support issued by a tribunal of this State
13 pursuant to Article 2, Part 2 B;
14 (5) registration of an order for child support of
15 another state for modification pursuant to Article 6;
16 (6) determination of parentage pursuant to Article
17 7; and
18 (7) assertion of jurisdiction over nonresidents
19 pursuant to Article 2, Part 1 A.
20 (c) An individual obligee or a support enforcement
21 agency may commence a proceeding authorized under this Act by
22 filing a petition in an initiating tribunal for forwarding to
23 a responding tribunal or by filing a petition or a comparable
24 pleading directly in a tribunal of another state which has or
25 can obtain personal jurisdiction over the obligor.
26 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
27 by P.A. 88-691.)
28 (750 ILCS 22/303)
29 Sec. 303. Application of law of this State. Except as
30 otherwise provided by this Act, a responding tribunal of this
31 State:
32 (1) shall apply the procedural and substantive law,
33 including the rules on choice of law, generally applicable to
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1 similar proceedings originating in this State and may
2 exercise all powers and provide all remedies available in
3 those proceedings; and
4 (2) shall determine the duty of support and the amount
5 payable in accordance with the law and support guidelines of
6 this State.
7 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
8 by P.A. 88-691.)
9 (750 ILCS 22/304)
10 Sec. 304. Duties of initiating tribunal.
11 (a) Upon the filing of a petition authorized by this
12 Act, an initiating tribunal of this State shall forward three
13 copies of the petition and its accompanying documents:
14 (1) to the responding tribunal or appropriate
15 support enforcement agency in the responding state; or
16 (2) if the identity of the responding tribunal is
17 unknown, to the state information agency of the
18 responding state with a request that they be forwarded to
19 the appropriate tribunal and that receipt be
20 acknowledged.
21 (b) If a responding state has not enacted this Act or a
22 law or procedure substantially similar to this Act, a
23 tribunal of this State may issue a certificate or other
24 document and make findings required by the law of the
25 responding state. If the responding state is a foreign
26 jurisdiction, the tribunal may specify the amount of support
27 sought and provide other documents necessary to satisfy the
28 requirements of the responding 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 22/305)
32 Sec. 305. Duties and powers of responding Tribunal.
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1 (a) When a responding tribunal of this State receives a
2 petition or comparable pleading from an initiating tribunal
3 or directly pursuant to Section 301(c), it shall cause the
4 petition or pleading to be filed and notify the obligee by
5 first class mail where and when it was filed.
6 (b) A responding tribunal of this State, to the extent
7 otherwise authorized by law, may do one or more of the
8 following:
9 (1) issue or enforce a support order, modify a
10 child-support child support order, or render a judgment
11 to determine parentage;
12 (2) order an obligor to comply with a support
13 order, specifying the amount and the manner of
14 compliance;
15 (3) order income withholding;
16 (4) determine the amount of any arrearages, and
17 specify a method of payment;
18 (5) enforce orders by civil or criminal contempt,
19 or both;
20 (6) set aside property for satisfaction of the
21 support order;
22 (7) place liens and order execution on the
23 obligor's property;
24 (8) order an obligor to keep the tribunal informed
25 of the obligor's current residential address, telephone
26 number, employer, address of employment, and telephone
27 number at the place of employment;
28 (9) issue a bench warrant for an obligor who has
29 failed after proper notice to appear at a hearing ordered
30 by the tribunal and enter the bench warrant in any local
31 and state computer systems for criminal warrants;
32 (10) order the obligor to seek appropriate
33 employment by specified methods;
34 (11) award reasonable attorney's fees and other
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1 fees and costs; and
2 (12) grant any other available remedy.
3 (c) A responding tribunal of this State shall include in
4 a support order issued under this Act, or in the documents
5 accompanying the order, the calculations on which the support
6 order is based.
7 (d) A responding tribunal of this State may not
8 condition the payment of a support order issued under this
9 Act upon compliance by a party with provisions for
10 visitation.
11 (e) If a responding tribunal of this State issues an
12 order under this Act, the tribunal shall send a copy of the
13 order by first class mail to the obligee and the obligor and
14 to the initiating tribunal, if any.
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 22/306)
18 Sec. 306. Inappropriate tribunal. If a petition or
19 comparable pleading is received by an inappropriate tribunal
20 of this State, it shall forward the pleading and accompanying
21 documents to an appropriate tribunal in this State or another
22 state and notify the obligee by first class mail where and
23 when the pleading was sent.
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 22/307)
27 Sec. 307. Duties of support enforcement agency.
28 (a) A support enforcement agency of this State, upon
29 request, shall provide services to a petitioner in a
30 proceeding under this Act. This subsection does not affect
31 any ability the support enforcement agency may have to
32 require an application for services, charge fees, or recover
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1 costs in accordance with federal or State law and
2 regulations.
3 (b) A support enforcement agency that is providing
4 services to the petitioner as appropriate shall:
5 (1) take all steps necessary to enable an
6 appropriate tribunal in this State or another state to
7 obtain jurisdiction over the respondent;
8 (2) request an appropriate tribunal to set a date,
9 time, and place for a hearing;
10 (3) make a reasonable effort to obtain all relevant
11 information, including information as to income and
12 property of the parties;
13 (4) within 10 days, exclusive of Saturdays,
14 Sundays, and legal holidays, after receipt of a written
15 notice from an initiating, responding, or registering
16 tribunal, send a copy of the notice by first class mail
17 to the petitioner;
18 (5) within 10 days, exclusive of Saturdays,
19 Sundays, and legal holidays, after receipt of a written
20 communication from the respondent or the respondent's
21 attorney, send a copy of the communication by first class
22 mail to the petitioner; and
23 (6) notify the petitioner if jurisdiction over the
24 respondent cannot be obtained.
25 (c) This Act does not create or negate a relationship of
26 attorney and client or other fiduciary relationship between a
27 support enforcement agency or the attorney for the agency and
28 the individual being assisted by the agency.
29 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
30 by P.A. 88-691; 88-691, eff. 1-24-95.)
31 (750 ILCS 22/316)
32 Sec. 316. Special rules of evidence and procedure.
33 (a) The physical presence of the petitioner in a
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1 responding tribunal of this State is not required for the
2 establishment, enforcement, or modification of a support
3 order or the rendition of a judgment determining parentage.
4 (b) A verified petition, affidavit, document
5 substantially complying with federally mandated forms, and a
6 document incorporated by reference in any of them, not
7 excluded under the hearsay rule if given in person, is
8 admissible in evidence if given under oath by a party or
9 witness residing in another state.
10 (c) A copy of the record of child-support child support
11 payments certified as a true copy of the original by the
12 custodian of the record may be forwarded to a responding
13 tribunal. The copy is evidence of facts asserted in it, and
14 is admissible to show whether payments were made.
15 (d) Copies of bills for testing for parentage, and for
16 prenatal and postnatal health care of the mother and child,
17 furnished to the adverse party at least 10 days before trial,
18 are admissible in evidence to prove the amount of the charges
19 billed and that the charges were reasonable, necessary, and
20 customary.
21 (e) Documentary evidence transmitted from another state
22 to a tribunal of this State by telephone, telecopier, or
23 other means that do not provide an original writing may not
24 be excluded from evidence on an objection based on the means
25 of transmission.
26 (f) In a proceeding under this Act, a tribunal of this
27 State may permit a party or witness residing in another state
28 to be deposed or to testify by telephone, audiovisual means,
29 or other electronic means at a designated tribunal or other
30 location in that state. A tribunal of this State shall
31 cooperate with tribunals of other states in designating an
32 appropriate location for the deposition or testimony.
33 (g) If a party called to testify at a civil hearing
34 refuses to answer on the ground that the testimony may be
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1 self-incriminating, the trier of fact may draw an adverse
2 inference from the refusal.
3 (h) A privilege against disclosure of communications
4 between spouses does not apply in a proceeding under this
5 Act.
6 (i) The defense of immunity based on the relationship of
7 husband and wife or parent and child does not apply in a
8 proceeding under this Act.
9 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
10 by P.A. 88-691; 88-691, eff. 1-24-95.)
11 (750 ILCS 22/401)
12 Sec. 401. Petition to establish support order.
13 (a) If a support order entitled to recognition under
14 this Act has not been issued, a responding tribunal of this
15 State may issue a support order if:
16 (1) the individual seeking the order resides in
17 another state; or
18 (2) the support enforcement agency seeking the
19 order is located in another state.
20 (b) The tribunal may issue a temporary child-support
21 child support order if:
22 (1) the respondent has signed a verified statement
23 acknowledging parentage;
24 (2) the respondent has been determined by or
25 pursuant to law to be the parent; or
26 (3) there is other clear and convincing evidence
27 that the respondent is the child's parent.
28 (c) Upon finding, after notice and opportunity to be
29 heard, that a respondent owes a duty of support, the tribunal
30 shall issue a support order directed to the respondent and
31 may issue other orders pursuant to Section 305.
32 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
33 by P.A. 88-691; 88-691, eff. 1-24-95.)
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1 (750 ILCS 22/Article 5 caption)
2 ARTICLE 5. DIRECT ENFORCEMENT OF ORDER
3 OF ANOTHER STATE WITHOUT REGISTRATION
4 (750 ILCS 22/501)
5 Sec. 501. Employer's receipt Recognition of
6 income-withholding order of another state.
7 (a) An income-withholding order issued in another state
8 may be sent by first class mail to the person or entity
9 defined as the obligor's employer without first filing a
10 petition or comparable pleading or registering the order with
11 a tribunal of this State. Upon receipt of the order, the
12 employer shall:
13 (1) treat an income-withholding order issued in
14 another state which appears regular on its face as if it
15 had been issued by a tribunal of this State;
16 (2) immediately provide a copy of the order to the
17 obligor; and
18 (3) distribute the funds as directed in the
19 withholding order.
20 (b) An obligor may contest the validity or enforcement
21 of an income-withholding order issued in another state in the
22 same manner as if the order had been issued by a tribunal of
23 this State. Section 604 applies to the contest. The obligor
24 shall give notice of the contest to any support enforcement
25 agency providing services to the obligee and to:
26 (1) the person or agency designated to receive
27 payments in the income-withholding order; or
28 (2) if no person or agency is designated, the
29 obligee.
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 22/502)
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1 Sec. 502. Employer's compliance with income-withholding
2 order of another state.
3 (a) Upon receipt of an income-withholding order, the
4 obligor's employer shall immediately provide a copy of the
5 order to the obligor.
6 (b) The employer shall treat an income-withholding order
7 issued in another state which appears regular on its face as
8 if it had been issued by a tribunal of this State.
9 (c) Except as otherwise provided in subsection (d) and
10 Section 503 the employer shall withhold and distribute the
11 funds as directed in the withholding order by complying with
12 terms of the order which specify:
13 (1) the duration and amount of periodic payments of
14 current child-support, stated as a sum certain;
15 (2) the person or agency designated to receive
16 payments and the address to which the payments are to be
17 forwarded;
18 (3) medical support, whether in the form of
19 periodic cash payment, stated as a sum certain, or
20 ordering the obligor to provide health insurance coverage
21 for the child under a policy available through the
22 obligor's employment;
23 (4) the amount of periodic payments of fees and
24 costs for a support enforcement agency, the issuing
25 tribunal, and the obligee's attorney, stated as sums
26 certain; and
27 (5) the amount of periodic payments of arrearages
28 and interest on arrearages, stated as sums certain.
29 (d) An employer shall comply with the law of the state
30 of the obligor's principal place of employment for
31 withholding from income with respect to:
32 (1) the employer's fee for processing an
33 income-withholding order;
34 (2) the maximum amount permitted to be withheld
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1 from the obligor's income; and
2 (3) the times within which the employer must
3 implement the withholding order and forward the child
4 support payment.
5 Administrative enforcement of orders.
6 (a) A party seeking to enforce a support order or an
7 income-withholding order, or both, issued by a tribunal of
8 another state may send the documents required for registering
9 the order to a support enforcement agency of this State.
10 (b) Upon receipt of the documents, the support
11 enforcement agency, without initially seeking to register the
12 order, shall consider and, if appropriate, use any
13 administrative procedure authorized by the law of this State
14 to enforce a support order or an income-withholding order, or
15 both. If the obligor does not contest administrative
16 enforcement, the order need not be registered. If the
17 obligor contests the validity or administrative enforcement
18 of the order, the support enforcement agency shall register
19 the order pursuant to this Act.
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 22/503 new)
23 Sec. 503. Compliance with multiple income-withholding
24 orders. If an obligor's employer receives multiple
25 income-withholding orders with respect to the earnings of the
26 same obligor, the employer satisfies the terms of the
27 multiple orders if the employer complies with the law of the
28 state of the obligor's principal place of employment to
29 establish the priorities for withholding and allocating
30 income withheld for multiple child support obligees.
31 (750 ILCS 22/504 new)
32 Sec. 504. Immunity from civil liability. An employer who
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1 complies with an income-withholding order issued in another
2 state in accordance with this Article is not subject to civil
3 liability to an individual or agency with regard to the
4 employer's withholding of child support from the obligor's
5 income.
6 (750 ILCS 22/505 new)
7 Sec. 505. Penalties for noncompliance. An employer who
8 willfully fails to comply with an income-withholding order
9 issued by another state and received for enforcement is
10 subject to the same penalties that may be imposed for
11 noncompliance with an order issued by a tribunal of this
12 State.
13 (750 ILCS 22/506 new)
14 Sec. 506. Contest by obligor.
15 (a) An obligor may contest the validity or enforcement
16 of an income-withholding order issued in another state and
17 received directly by an employer in this State in the same
18 manner as if the order had been issued by a tribunal of this
19 State. Section 604 applies to the contest.
20 (b) The obligor shall give notice of the contest to:
21 (1) a support enforcement agency providing services
22 to the obligee;
23 (2) each employer that has directly received an
24 income-withholding order; and
25 (3) the person or agency designated to receive
26 payments in the income-withholding order or if no person
27 or agency is designated, to the obligee.
28 (750 ILCS 22/507 new)
29 Sec. 507. Administrative enforcement of orders.
30 (a) A party seeking to enforce a support order or an
31 income-withholding order, or both, issued by a tribunal of
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1 another state may send the documents required for registering
2 the order to a support enforcement agency of this State.
3 (b) Upon receipt of the documents, the support
4 enforcement agency, without initially seeking to register the
5 order, shall consider and, if appropriate, use any
6 administrative procedure authorized by the law of this State
7 to enforce a support order or an income-withholding order, or
8 both. If the obligor does not contest administrative
9 enforcement, the order need not be registered. If the
10 obligor contests the validity or administrative enforcement
11 of the order, the support enforcement agency shall register
12 the order pursuant to this Act.
13 (750 ILCS 22/Article 6, Part A caption )
14 PART 1. A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
15 (750 ILCS 22/Article 6, Part B caption)
16 PART 2. B. CONTEST OF VALIDITY OR ENFORCEMENT
17 (750 ILCS 22/605)
18 Sec. 605. Notice of registration of order.
19 (a) When a support order or income-withholding order
20 issued in another state is registered, the registering
21 tribunal shall notify the nonregistering party. Notice must
22 be given by first class, certified, or registered mail or by
23 any means of personal service authorized by the law of this
24 State. The notice must be accompanied by a copy of the
25 registered order and the documents and relevant information
26 accompanying the order.
27 (b) The notice must inform the nonregistering party:
28 (1) that a registered order is enforceable as of
29 the date of registration in the same manner as an order
30 issued by a tribunal of this State;
31 (2) that a hearing to contest the validity or
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1 enforcement of the registered order must be requested
2 within 20 days after the date of mailing or personal
3 service of the notice;
4 (3) that failure to contest the validity or
5 enforcement of the registered order in a timely manner
6 will result in confirmation of the order and enforcement
7 of the order and the alleged arrearages and precludes
8 further contest of that order with respect to any matter
9 that could have been asserted; and
10 (4) of the amount of any alleged arrearages.
11 (c) Upon registration of an income-withholding order for
12 enforcement, the registering tribunal shall notify the
13 obligor's employer pursuant to Section 10-16.2 of the
14 Illinois Public Aid Code, Section 706.1 of the Illinois
15 Marriage and Dissolution of Marriage Act, Section 4.1 of the
16 Non-Support of Spouse and Children Act, and Section 20 of the
17 Illinois Parentage Act of 1989.
18 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
19 by P.A. 88-691.)
20 (750 ILCS 22/606)
21 Sec. 606. Procedure to contest validity or enforcement
22 of registered order.
23 (a) A nonregistering party seeking to contest the
24 validity or enforcement of a registered order in this State
25 shall request a hearing within 20 days after the date of
26 mailing or personal service of notice of the registration.
27 The nonregistering party may seek to vacate the registration,
28 to assert any defense to an allegation of noncompliance with
29 the registered order, or to contest the remedies being
30 sought or the amount of any alleged arrearages pursuant to
31 Section 607.
32 (b) If the nonregistering party fails to contest the
33 validity or enforcement of the registered order in a timely
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1 manner, the order is confirmed by operation of law.
2 (c) If a nonregistering party requests a hearing to
3 contest the validity or enforcement of the registered order,
4 the registering tribunal shall schedule the matter for
5 hearing and give notice to the parties by first class mail of
6 the date, time, and place of the hearing.
7 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
8 by P.A. 88-691.)
9 (750 ILCS 22/609)
10 Sec. 609. Procedure to register child-support child
11 support order of another state for modification. A party or
12 support enforcement agency seeking to modify, or to modify
13 and enforce, a child-support child support order issued in
14 another state shall register that order in this State in the
15 same manner provided in Part 1 A of this Article if the order
16 has not been registered. A petition for modification may be
17 filed at the same time as a request for registration, or
18 later. The pleading must specify the grounds for
19 modification.
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/Article 6, Part C caption)
23 PART 3. C. REGISTRATION AND MODIFICATION OF
24 CHILD SUPPORT ORDER
25 (750 ILCS 22/610)
26 Sec. 610. Effect of registration for modification. A
27 tribunal of this State may enforce a child-support child
28 support order of another state registered for purposes of
29 modification, in the same manner as if the order had been
30 issued by a tribunal of this State, but the registered order
31 may be modified only if the requirements of Section 611 have
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1 been met.
2 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
3 by P.A. 88-691.)
4 (750 ILCS 22/611)
5 Sec. 611. Modification of Child-Support Child Support
6 Order of Another State.
7 (a) After a child-support child support order issued in
8 another state has been registered in this State, the
9 responding tribunal of this State may modify that order only
10 if Section 613 does not apply and, after notice and hearing,
11 it finds that:
12 (1) the following requirements are met:
13 (i) the child, the individual petitioner, and
14 the respondent do not reside in the issuing state;
15 (ii) a petitioner who is a nonresident of this
16 State seeks modification; and
17 (iii) the respondent is subject to the
18 personal jurisdiction of the tribunal of this State;
19 or
20 (2) an individual party or the child, or a party
21 who is an individual, is subject to the personal
22 jurisdiction of the tribunal of this State and all of the
23 individual parties who are individuals have filed a
24 written consents consent in the issuing tribunal for
25 providing that a tribunal of this State to may modify the
26 support order and assume continuing, exclusive
27 jurisdiction over the order. However, if the issuing
28 state is a foreign jurisdiction that has not enacted a
29 law or established procedures substantially similar to
30 the procedures under this Act, the consent otherwise
31 required of an individual residing in this State is not
32 required for the tribunal to assume jurisdiction to
33 modify the child-support order.
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1 (b) Modification of a registered child-support child
2 support order is subject to the same requirements,
3 procedures, and defenses that apply to the modification of
4 an order issued by a tribunal of this State and the order may
5 be enforced and satisfied in the same manner.
6 (c) A tribunal of this State may not modify any aspect
7 of a child-support child support order that may not be
8 modified under the law of the issuing state. If two or more
9 tribunals have issued child-support orders for the same
10 obligor and child, the order that controls and must be so
11 recognized under Section 207 establishes the aspects of the
12 support order which are nonmodifiable.
13 (d) On issuance of an order modifying a child-support
14 child support order issued in another state, a tribunal of
15 this State becomes the tribunal having of continuing,
16 exclusive jurisdiction.
17 (e) Within 30 days after issuance of a modified child
18 support order, the party obtaining the modification shall
19 file a certified copy of the order with the issuing tribunal
20 which had continuing, exclusive jurisdiction over the earlier
21 order, and in each tribunal in which the party knows that
22 earlier order has been registered.
23 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
24 by P.A. 88-691; 88-691, eff. 1-24-95.)
25 (750 ILCS 22/612)
26 Sec. 612. Recognition of order modified in another
27 state. A tribunal of this State shall recognize a
28 modification of its earlier child-support child support order
29 by a tribunal of another state which assumed jurisdiction
30 pursuant to a law substantially similar to this Act and, upon
31 request, except as otherwise provided in this Act, shall:
32 (1) enforce the order that was modified only as to
33 amounts accruing before the modification;
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1 (2) enforce only nonmodifiable aspects of that order;
2 (3) provide other appropriate relief only for violations
3 of that order which occurred before the effective date of the
4 modification; and
5 (4) recognize the modifying order of the other state,
6 upon registration, for the purpose of enforcement.
7 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
8 by P.A. 88-691.)
9 (750 ILCS 22/613 new)
10 Sec. 613. Jurisdiction to modify child-support order of
11 another state when individual parties reside in this State.
12 (a) If all of the parties who are individuals reside in
13 this State and the child does not reside in the issuing
14 state, a tribunal of this State has jurisdiction to enforce
15 and to modify the issuing state's child-support order in a
16 proceeding to register that order.
17 (b) A tribunal of this State exercising jurisdiction
18 under this Section shall apply the provisions of Articles 1
19 and 2, this Article, and the procedural and substantive law
20 of this State to the proceeding for enforcement or
21 modification. Articles 3, 4, 5, 7, and 8 do not apply.
22 (750 ILCS 22/614 new)
23 Sec. 614. Notice to issuing tribunal of modification.
24 Within 30 days after issuance of a modified child-support
25 order, the party obtaining the modification shall file a
26 certified copy of the order with the issuing tribunal that
27 had continuing, exclusive jurisdiction over the earlier
28 order, and in each tribunal in which the party knows the
29 earlier order has been registered. A party who obtains the
30 order and fails to file a certified copy is subject to
31 appropriate sanctions by a tribunal in which the issue of
32 failure to file arises. The failure to file does not affect
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1 the validity or enforceability of the modified order of the
2 new tribunal having continuing, exclusive jurisdiction.
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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