(750 ILCS 22/401)
Sec. 401. Establishment of support order.
(a) If a support order entitled to recognition under this Act has not been
issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if:
(1) the individual seeking the order resides outside | ||
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(2) the support enforcement agency seeking the order | ||
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(b) The tribunal may issue a temporary child-support
order if the tribunal determines that such an order is appropriate and the
individual ordered to pay is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through | ||
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(4) an alleged father who has declined to submit to | ||
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(5) shown by clear and convincing evidence to be the | ||
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(6) an acknowledged father as provided by applicable | ||
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(7) the mother of the child; or
(8) an individual who has been ordered to pay child | ||
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(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order
directed to the obligor and may issue other orders pursuant to Section
305.
(Source: P.A. 99-119, eff. 1-1-16 .)
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(750 ILCS 22/402) Sec. 402. Proceeding to determine parentage. A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this Act or a law or procedure substantially similar to this Act.
(Source: P.A. 99-119, eff. 1-1-16 .) |
(750 ILCS 22/Art. 5 heading)
ARTICLE 5. ENFORCEMENT OF SUPPORT ORDER
WITHOUT REGISTRATION
(Source: P.A. 99-119, eff. 1-1-16 .)
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(750 ILCS 22/501)
Sec. 501.
Employer's receipt of income-withholding order of another state.
An income-withholding order issued in another state may be sent by or on behalf
of the obligee, or by the support enforcement agency, to the person defined as
the obligor's employer under the income-withholding law of this State without
first filing a petition or comparable pleading or registering the order with a
tribunal of this State.
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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(750 ILCS 22/502)
Sec. 502. Employer's compliance with income-withholding order of another
state. (a) Upon receipt of an income-withholding order, the obligor's employer
shall immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income-withholding order issued in another
state which appears regular on its face as if it had been issued by a tribunal
of this State.
(c) Except as otherwise provided in subsection (d) and Section 503,
the employer shall withhold and distribute the funds as directed in the
withholding order by complying with terms of the order which specify:
(1) the duration and amount of periodic payments of | ||
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(2) the person designated to receive payments and the | ||
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(3) medical support, whether in the form of periodic | ||
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(4) the amount of periodic payments of fees and costs | ||
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(5) the amount of periodic payments of arrearages and | ||
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(d) An employer shall comply with the law of the state of the obligor's
principal place of employment for withholding from income with respect to:
(1) the employer's fee for processing an | ||
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(2) the maximum amount permitted to be withheld from | ||
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(3) the times within which the employer must | ||
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(Source: P.A. 99-119, eff. 1-1-16 .)
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(750 ILCS 22/503)
Sec. 503. Employer's compliance with two or more income-withholding orders.
If an obligor's employer receives two or more income-withholding orders with
respect to the earnings of the same obligor, the employer satisfies the terms
of the orders if the employer complies with the law of the state of the
obligor's principal place of employment to establish the priorities for
withholding and allocating income withheld for two or more child-support
obligees.
(Source: P.A. 99-119, eff. 1-1-16 .)
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(750 ILCS 22/504)
Sec. 504. Immunity from civil liability. An employer that complies with an
income-withholding order issued in
another state in accordance with this Article is not subject to civil liability
to an individual or agency with regard to the employer's withholding of child
support from the obligor's income.
(Source: P.A. 99-119, eff. 1-1-16 .)
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(750 ILCS 22/505)
Sec. 505. Penalties for noncompliance. An employer that willfully fails to
comply with an income-withholding
order issued in another state and received for enforcement is subject to the
same penalties that may be imposed for noncompliance with an order issued by a
tribunal of this State.
(Source: P.A. 99-119, eff. 1-1-16 .)
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