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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
FAMILIES
(750 ILCS 22/) Uniform Interstate Family Support Act. 750 ILCS 22/607
(750 ILCS 22/607)
Sec. 607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a registered support order
or seeking to vacate the registration has the burden of proving one or more
of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction | | over the contesting party;
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(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or
| | modified by a later order;
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(4) the issuing tribunal has stayed the order pending
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(5) there is a defense under the law of this State to
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(6) full or partial payment has been made;
(7) the statute of limitation under Section 604
| | precludes enforcement of some or all of the alleged arrearages; or
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(8) the alleged controlling order is not the
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(b) If a party presents evidence establishing a full or
partial defense under subsection (a), a tribunal may stay enforcement
of a registered support order, continue the proceeding to permit production
of additional relevant evidence, and issue other appropriate
orders. An uncontested portion of the registered support order may be enforced by
all remedies available under the law of this State.
(c) If the contesting party does not establish a defense
under subsection (a) to the validity or enforcement of a registered support order, the
registering tribunal shall issue an order confirming the order.
(Source: P.A. 99-119, eff. 1-1-16.)
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750 ILCS 22/608
(750 ILCS 22/608)
Sec. 608. Confirmed order. Confirmation of a registered support
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.
(Source: P.A. 99-119, eff. 1-1-16.)
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750 ILCS 22/Art. 6 Pt. 3
(750 ILCS 22/Art. 6 Pt. 3 heading)
PART 3. REGISTRATION AND MODIFICATION OF
CHILD-SUPPORT ORDER
OF ANOTHER STATE
(Source: P.A. 99-119, eff. 1-1-16.)
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750 ILCS 22/609
(750 ILCS 22/609)
Sec. 609. Procedure to register child-support order of
another state for
modification. A party or support enforcement agency seeking to modify, or to
modify and enforce, a child-support order issued in
another state shall
register that order in this State in the same manner provided in Sections 601 through 608 if the
order has not been registered. A petition for modification
may
be filed at the same time as a request for registration, or later. The
pleading must specify the grounds for modification.
(Source: P.A. 99-119, eff. 1-1-16.)
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750 ILCS 22/610
(750 ILCS 22/610)
Sec. 610. Effect of registration for modification. A tribunal of this State
may enforce a child-support order of another state registered for purposes of
modification, in the same manner as if the order had been issued by a tribunal
of this State, but the registered support order may be modified only if the
requirements of Section 611 or 613 have been met.
(Source: P.A. 99-119, eff. 1-1-16.)
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750 ILCS 22/611
(750 ILCS 22/611)
Sec. 611. Modification of child-support order of another state.
(a) If Section 613 does not apply, upon petition a tribunal of this State may modify a child-support order
issued in another state which is registered in this State if, after notice and
hearing, the tribunal finds that:
(1) the following requirements are met:
(A) neither the child, nor the obligee who is an | | individual, nor the obligor resides in the issuing state;
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(B) a petitioner who is a nonresident of this
| | State seeks modification; and
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(C) the respondent is subject to the personal
| | jurisdiction of the tribunal of this State; or
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(2) this State is the residence of the child, or a
| | party who is an individual is subject to the personal jurisdiction of the tribunal of this State, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.
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(b) Modification of a registered child-support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an
order issued by a tribunal of this State and the order may be enforced and
satisfied in the same manner.
(c) A tribunal of this State
may not modify any aspect of a child-support order that may not be modified
under the law of the issuing state, including the duration of the obligation
of support. If two or more tribunals have issued child-support orders for the
same obligor and same child, the order that controls and must be so recognized
under Section 207 establishes the aspects of the support order which are
nonmodifiable.
(d) In a proceeding to modify a child-support order, the law of the state
that is determined to have issued the initial controlling order governs the
duration of the obligation of support. The obligor's fulfillment of the duty
of support established by that order precludes imposition of a further
obligation of support by a tribunal of this State.
(e) On the issuance of an order by a tribunal of this State modifying a
child-support order issued in another state, the tribunal of this State
becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subsections (a) through (e) and Section 201(b), a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:
(1) one party resides in another state; and
(2) the other party resides outside the United
| | (Source: P.A. 99-119, eff. 1-1-16.)
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750 ILCS 22/612
(750 ILCS 22/612)
Sec. 612. Recognition of order modified in another state. If a
child-support order issued by a tribunal of this State is modified by
a tribunal of another state which assumed jurisdiction pursuant to the
Uniform Interstate Family Support Act, a tribunal of this State:
(1) may enforce its order that was modified only as | | to arrears and interest accruing before the modification;
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(2) may provide appropriate relief for violations of
| | its order which occurred before the effective date of the modification; and
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(3) shall recognize the modifying order of the other
| | state, upon registration, for the purpose of enforcement.
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(Source: P.A. 99-119, eff. 1-1-16.)
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