SB1358 EngrossedLRB098 07897 KTG 37982 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
5changing Section 10-15.1 as follows:
 
6    (305 ILCS 5/10-15.1)
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) (Blank). A petition or comparable pleading seeking a
19remedy that must be affirmatively sought under other law of
20this State may be filed at the same time as the request for
21registration or later. The pleading must specify the grounds
22for the remedy sought.
23    (c-5) Every notice of registration must be accompanied by a
24copy of the registered administrative support order and the
25documents and relevant information accompanying the order
26pursuant to subsection (a).

 

 

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1    (d) (Blank). When an administrative support order is
2registered, the clerk of the circuit court shall notify the
3nonregistering party and the Illinois Department, unless the
4Department is requesting registration of its order. The notice,
5which shall be served on the nonregistering party by any method
6provided by law for service of a summons, must be accompanied
7by a copy of the registered administrative support order and
8the documents and relevant information accompanying the order.
9    (d-5) The registering party shall serve notice of the
10registration on the other party by first class mail, unless the
11administrative support order was entered by default or the
12registering party is also seeking an affirmative remedy. The
13registering party shall serve notice on the Department in all
14cases by first class mail.
15        (1) If the administrative support order was entered by
16    default against the obligor, the obligor must be served
17    with the registration by any method provided by law for
18    service of summons.
19        (2) If a petition or comparable pleading seeking an
20    affirmative remedy is filed with the registration, the
21    non-moving party must be served with the registration and
22    the affirmative pleading by any method provided by law for
23    service of summons.
24    (e) A notice of registration of an administrative support
25order must provide the following information:
26        (1) That a registered administrative order is

 

 

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

 

 

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1order, the circuit court shall schedule the matter for hearing
2and give notice to the parties and the Illinois Department of
3the date, time, and place of the hearing.
4    (i) A party contesting the enforcement of a registered
5administrative support order or seeking to vacate the
6registration has the burden of proving one or more of the
7following defenses:
8        (1) The Illinois Department lacked personal
9    jurisdiction over the contesting party.
10        (2) The administrative support order was obtained by
11    fraud.
12        (3) The administrative support order has been vacated,
13    suspended, or modified by a later order.
14        (4) The Illinois Department has stayed the
15    administrative support order pending appeal.
16        (5) There is a defense under the law to the remedy
17    sought.
18        (6) Full or partial payment has been made.
19    (j) If a party presents evidence establishing a full or
20partial payment defense under subsection (i), the court may
21stay enforcement of the registered order, continue the
22proceeding to permit production of additional relevant
23evidence, and issue other appropriate orders. An uncontested
24portion of the registered administrative support order may be
25enforced by all remedies available under State law.
26    (k) If a contesting party does not establish a defense

 

 

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1under subsection (i) to the enforcement of the administrative
2support order, the court shall issue an order confirming the
3administrative support order. Confirmation of the registered
4administrative support order, whether by operation of law or
5after notice and hearing, precludes further contest of the
6order with respect to any matter that could have been asserted
7at the time of registration. Upon confirmation, the registered
8administrative support order shall be treated in the same
9manner as a support order entered by the circuit court,
10including the ability of the court to entertain a petition to
11modify the administrative support order due to a substantial
12change in circumstances, or petitions for visitation or custody
13of the child or children covered by the administrative support
14order. Nothing in this Section shall be construed to alter the
15effect of a final administrative support order, or the
16restriction of judicial review of such a final order to the
17provisions of the Administrative Review Law, as provided in
18Section 10-11 of this Code.
19(Source: P.A. 97-926, eff. 8-10-12.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.