(750 ILCS 25/7)
(from Ch. 40, par. 2707)
Expedited Child Support Hearings.
(a) Service. Except as
otherwise provided in this subsection and in Section 11 of this Act, the
service of notice to commence an action under this Act may be made by
regular mail. The notice shall be sent to the last known address of the
Obligor. Parentage actions, actions for the establishment of child support
orders involving parties who are married and living separately, and any
other proceedings in which no court has yet acquired jurisdiction over the
subject matter shall be commenced as provided in the Code of Civil
Procedure and Supreme Court Rules. The notice or summons shall indicate the
date set for hearing.
(b) Rules of Evidence. Except as provided in this Section, the
established rules of evidence shall be followed in all Expedited Child
Support Hearings. A party may offer in evidence, without foundation or
(1) the Obligor's pay stubs or other
employer-provided statement of gross income, deductions, and net income prepared by the employer in the usual course of business;
(2) documents provided by the Obligor's insurance
company that describe the dependent care coverage available to the Obligor; and
(3) records kept by the Clerk of the Circuit Court as
to payment of child support.
(c) Other domestic relations matters. Petitions for visitation,
custody, distribution of property, petitions pursuant to Section 513 of
the Illinois Marriage and Dissolution of Marriage Act, spousal maintenance
as otherwise provided, and any domestic relations matters other than
parentage and child support shall be transferred by the Administrative
Hearing Officer for a judicial hearing as provided in the Plan.
Transfer of such matters shall not delay the proceeding before the
Administrative Hearing Officer relative to parentage or child support.
(d) Transfers for judicial hearings. All actions and matters requiring
a judicial hearing, as provided for in this Act and in Supreme Court rules
promulgated pursuant to this Act, shall be transferred to the court as
provided in the Plan.
(e) All pre-hearing motions and other matters that require a court order,
as defined in this Act and in the Supreme Court rules promulgated pursuant
to this Act, shall be presented to the court for resolution and the court
shall make every effort to dispose of the motion in an expeditious manner.
However, if the parties are in agreement with respect to the pre-hearing
motion or other matters, the Administrative Hearing Officer shall transmit
a recommended order, signed by both parties, to the court.
(f) Notice to parties and transmittal of recommendations. The
Administrative Hearing Officer shall provide each party with a copy of the
recommendations, together with a notice informing the parties of their
right to request a judicial hearing. The recommendations and notice shall
be given to the parties at the time of the hearing. If either party is not
present at the time of the hearing, either in person or through his or her
attorney, the provisions of Section 10 of this Act shall apply. If both
parties are present at the hearing and agree to the recommended order of
the Administrative Hearing Officer, they shall sign the recommended order
and the Administrative Hearing Officer shall transmit the recommendations
to the Court as provided in the Plan.
(1) If either party does not agree to the recommended
order or any part thereof, a judicial hearing shall immediately be scheduled as to those matters on which the parties disagree. The Administrative Hearing Officer shall record the date, time, and place of the judicial hearing on a notice and provide a copy of the notice to each party either in person at the time of the expedited hearing or by regular mail. The Administrative Hearing Officer shall transmit to the court a written statement indicating that the parties do not agree to all or part of the recommendations.
No part of the recommendations on which the parties
disagree shall be made a part of the record in court unless both parties stipulate to its admission and the court so orders. However, those matters on which the parties agree may be made a part of the record in court.
(2) If either party does not agree to the
Administrative Hearing Officer's recommendations and the case is transferred for a judicial hearing, neither the parties nor the court may compel the Administrative Hearing Officer to testify at the judicial hearing.
(g) Forms. The Supreme Court may develop and provide a standard form for
proposed findings and recommended orders, and any other necessary standard
forms, for use by Administrative Hearing Officers in Expedited Child Support
(Source: P.A. 86-1401.)