Public Act 099-0471
 
HB1485 EnrolledLRB099 06089 HEP 26144 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
changing Section 10-15.1 as follows:
 
    (305 ILCS 5/10-15.1)
    Sec. 10-15.1. Judicial registration of administrative
support orders and administrative paternity orders.
    (a) A final administrative support order or a final
administrative paternity order, excluding a voluntary
acknowledgement or denial of paternity that is governed by
other provisions of this Code, the Illinois Parentage Act of
1984, and the Vital Records Act, established by the Illinois
Department under this Article X may be registered in the
appropriate circuit court of this State by the Department or by
a party to the order by filing:
        (1) Two copies, including one certified copy of the
    order to be registered, any modification of the
    administrative support order, any voluntary acknowledgment
    of paternity pertaining to the child covered by the order,
    and the documents showing service of the notice of support
    obligation or the notice of paternity and support
    obligation that commenced the procedure for establishment
    of the administrative support order or the administrative
    paternity order pursuant to Section 10-4 of this Code.
        (2) A sworn statement by the person requesting
    registration or a certified copy of the Department payment
    record showing the amount of any past due support accrued
    under the administrative support order.
        (3) The name of the obligor and, if known, the
    obligor's address and social security number.
        (4) The name of the obligee and the obligee's address,
    unless the obligee alleges in an affidavit or pleading
    under oath that the health, safety, or liberty of the
    obligee or child would be jeopardized by disclosure of
    specific identifying information, in which case that
    information must be sealed and may not be disclosed to the
    other party or public. After a hearing in which the court
    takes into consideration the health, safety, or liberty of
    the party or child, the court may order disclosure of
    information that the court determines to be in the interest
    of justice.
    (b) The filing of an administrative support order or an
administrative paternity order under subsection (a)
constitutes registration with the circuit court.
    (c) (Blank).
    (c-5) Every notice of registration must be accompanied by a
copy of the registered administrative support order or the
registered administrative paternity order and the documents
and relevant information accompanying the order pursuant to
subsection (a).
    (d) (Blank).
    (d-5) The registering party shall serve notice of the
registration on the other party by first class mail, unless the
administrative support order or the administrative paternity
order was entered by default or the registering party is also
seeking an affirmative remedy. The registering party shall
serve notice on the Department in all cases by first class
mail.
        (1) If the administrative support order or the
    administrative paternity order was entered by default
    against the obligor, the obligor must be served with the
    registration by any method provided by law for service of
    summons.
        (2) If a petition or comparable pleading seeking an
    affirmative remedy is filed with the registration, the
    non-moving party must be served with the registration and
    the affirmative pleading by any method provided by law for
    service of summons.
    (e) A notice of registration of an administrative support
order or an administrative paternity order must provide the
following information:
        (1) That a registered administrative order is
    enforceable in the same manner as an order for support or
    an order for paternity issued by the circuit court.
        (2) That a hearing to contest enforcement of the
    registered administrative support order or the registered
    administrative paternity order must be requested within 30
    days after the date of service of the notice.
        (3) That failure to contest, in a timely manner, the
    enforcement of the registered administrative support order
    or the registered administrative paternity order shall
    result in confirmation of the order and enforcement of the
    order and the alleged arrearages and precludes further
    contest of that order with respect to any matter that could
    have been asserted.
        (4) The amount of any alleged arrearages.
    (f) A nonregistering party seeking to contest enforcement
of a registered administrative support order or a registered
administrative paternity order shall request a hearing within
30 days after the date of service of notice of the
registration. The nonregistering party may seek to vacate the
registration, to assert any defense to an allegation of
noncompliance with the registered administrative support order
or the registered administrative paternity order, or to contest
the remedies being sought or the amount of any alleged
arrearages.
    (g) If the nonregistering party fails to contest the
enforcement of the registered administrative support order or
the registered administrative paternity order in a timely
manner, the order shall be confirmed by operation of law.
    (h) If a nonregistering party requests a hearing to contest
the enforcement of the registered administrative support order
or the registered administrative paternity order, the circuit
court shall schedule the matter for hearing and give notice to
the parties and the Illinois Department of the date, time, and
place of the hearing.
    (i) A party contesting the enforcement of a registered
administrative support order or a registered administrative
paternity order or seeking to vacate the registration has the
burden of proving one or more of the following defenses:
        (1) The Illinois Department lacked personal
    jurisdiction over the contesting party.
        (2) The administrative support order or the
    administrative paternity order was obtained by fraud.
        (3) The administrative support order or the
    administrative paternity order has been vacated,
    suspended, or modified by a later order.
        (4) The Illinois Department has stayed the
    administrative support order or the administrative
    paternity order pending appeal.
        (5) There is a defense under the law to the remedy
    sought.
        (6) Full or partial payment has been made.
    (j) If a party presents evidence establishing a full or
partial payment defense under subsection (i), the court may
stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant
evidence, and issue other appropriate orders. An uncontested
portion of the registered administrative support order or the
registered administrative paternity order may be enforced by
all remedies available under State law.
    (k) If a contesting party does not establish a defense
under subsection (i) to the enforcement of the administrative
support order or the administrative paternity order, the court
shall issue an order confirming the administrative support
order or the administrative paternity order. Confirmation of
the registered administrative support order or the registered
administrative paternity order, whether by operation of law or
after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted
at the time of registration. Upon confirmation, the registered
administrative support order or the registered administrative
paternity order shall be treated in the same manner as a
support order or a paternity order entered by the circuit
court, including the ability of the court to entertain a
petition to modify the administrative support order due to a
substantial change in circumstances or a petition to modify the
administrative paternity order due to clear and convincing
evidence regarding paternity, or petitions for visitation or
custody of the child or children covered by the administrative
support order or the administrative paternity order. Nothing in
this Section shall be construed to alter the effect of a final
administrative support order or a final administrative
paternity order, or the restriction of judicial review of such
a final order to the provisions of the Administrative Review
Law, as provided in Sections Section 10-11 and 10-17.7 of this
Code.
    (l) Notwithstanding the limitations of relief provided for
under this Section regarding an administrative paternity order
and the administrative relief available from an administrative
paternity order under Sections 10-12 through 10-14.1 of this
Code, a party may petition for relief from a registered final
administrative paternity order entered by consent of the
parties, excluding a voluntary acknowledgement or denial of
paternity as well as an administrative paternity order entered
pursuant to genetic testing. The petition shall be filed
pursuant to Section 2-1401 of the Code of Civil Procedure based
upon a showing of due diligence and a meritorious defense. The
court, after reviewing the evidence regarding this specific
type of administrative paternity order entered by consent of
the parties, shall issue an order regarding the petition.
Nothing in this Section shall be construed to alter the effect
of a final administrative paternity order, or the restriction
of judicial review of such a final order to the provisions of
the Administrative Review Law, as provided in Section 10-17.7
of this Code.
(Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.