HB4129 EnrolledLRB097 14478 KTG 61935 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 10-15.1 as follows:
 
6    (305 ILCS 5/10-15.1 new)
7    Sec. 10-15.1. Judicial registration of administrative
8support orders.
9    (a) A final administrative support order established by the
10Illinois Department under this Article X may be registered in
11the appropriate circuit court of this State by the Department
12or by a party to the order by filing:
13        (1) Two copies, including one certified copy of the
14    order to be registered, any modification of the
15    administrative support order, any voluntary acknowledgment
16    of paternity pertaining to the child covered by the order,
17    and the documents showing service of the notice of support
18    obligation that commenced the procedure for establishment
19    of the administrative support order pursuant to Section
20    10-4 of this Code.
21        (2) A sworn statement by the person requesting
22    registration or a certified copy of the Department payment
23    record showing the amount of any past due support accrued

 

 

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1    under the administrative support order.
2        (3) The name of the obligor and, if known, the
3    obligor's address and social security number.
4        (4) The name of the obligee and the obligee's address,
5    unless the obligee alleges in an affidavit or pleading
6    under oath that the health, safety, or liberty of the
7    obligee or child would be jeopardized by disclosure of
8    specific identifying information, in which case that
9    information must be sealed and may not be disclosed to the
10    other party or public. After a hearing in which the court
11    takes into consideration the health, safety, or liberty of
12    the party or child, the court may order disclosure of
13    information that the court determines to be in the interest
14    of justice.
15    (b) The filing of an administrative support order under
16subsection (a) constitutes registration with the circuit
17court.
18    (c) A petition or comparable pleading seeking a remedy that
19must be affirmatively sought under other law of this State may
20be filed at the same time as the request for registration or
21later. The pleading must specify the grounds for the remedy
22sought.
23    (d) When an administrative support order is registered, the
24clerk of the circuit court shall notify the nonregistering
25party and the Illinois Department, unless the Department is
26requesting registration of its order. The notice, which shall

 

 

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1be served on the nonregistering party by any method provided by
2law for service of a summons, must be accompanied by a copy of
3the registered administrative support order and the documents
4and relevant information accompanying the order.
5    (e) A notice of registration of an administrative support
6order must provide the following information:
7        (1) That a registered administrative order is
8    enforceable in the same manner as an order for support
9    issued by the circuit court.
10        (2) That a hearing to contest enforcement of the
11    registered administrative support order must be requested
12    within 30 days after the date of service of the notice.
13        (3) That failure to contest, in a timely manner, the
14    enforcement of the registered administrative support order
15    shall result in confirmation of the order and enforcement
16    of the order and the alleged arrearages and precludes
17    further contest of that order with respect to any matter
18    that could have been asserted.
19        (4) The amount of any alleged arrearages.
20    (f) A nonregistering party seeking to contest enforcement
21of a registered administrative support order shall request a
22hearing within 30 days after the date of service of notice of
23the registration. The nonregistering party may seek to vacate
24the registration, to assert any defense to an allegation of
25noncompliance with the registered administrative support
26order, or to contest the remedies being sought or the amount of

 

 

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1any alleged arrearages.
2    (g) If the nonregistering party fails to contest the
3enforcement of the registered administrative support order in a
4timely manner, the order shall be confirmed by operation of
5law.
6    (h) If a nonregistering party requests a hearing to contest
7the enforcement of the registered administrative support
8order, the circuit court shall schedule the matter for hearing
9and give notice to the parties and the Illinois Department of
10the date, time, and place of the hearing.
11    (i) A party contesting the enforcement of a registered
12administrative support order or seeking to vacate the
13registration has the burden of proving one or more of the
14following defenses:
15        (1) The Illinois Department lacked personal
16    jurisdiction over the contesting party.
17        (2) The administrative support order was obtained by
18    fraud.
19        (3) The administrative support order has been vacated,
20    suspended, or modified by a later order.
21        (4) The Illinois Department has stayed the
22    administrative support order pending appeal.
23        (5) There is a defense under the law to the remedy
24    sought.
25        (6) Full or partial payment has been made.
26    (j) If a party presents evidence establishing a full or

 

 

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1partial payment defense under subsection (i), the court may
2stay enforcement of the registered order, continue the
3proceeding to permit production of additional relevant
4evidence, and issue other appropriate orders. An uncontested
5portion of the registered administrative support order may be
6enforced by all remedies available under State law.
7    (k) If a contesting party does not establish a defense
8under subsection (i) to the enforcement of the administrative
9support order, the court shall issue an order confirming the
10administrative support order. Confirmation of the registered
11administrative support order, whether by operation of law or
12after notice and hearing, precludes further contest of the
13order with respect to any matter that could have been asserted
14at the time of registration. Upon confirmation, the registered
15administrative support order shall be treated in the same
16manner as a support order entered by the circuit court,
17including the ability of the court to entertain a petition to
18modify the administrative support order due to a substantial
19change in circumstances, or petitions for visitation or custody
20of the child or children covered by the administrative support
21order. Nothing in this Section shall be construed to alter the
22effect of a final administrative support order, or the
23restriction of judicial review of such a final order to the
24provisions of the Administrative Review Law, as provided in
25Section 10-11 of this Code.
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.